Transcript
Are you an Australian citizen or permanent resident wanting to adopt a child from overseas?
There are many reasons why a child may be unable to live with their parents, relatives or other families in their birth country.
Intercountry adoption allows you to provide a permanent home and a stable family for a child who couldn’t be placed with a family in their birth country.
In some cases, Australians can adopt a child from an overseas country.
There are 2 main types of overseas adoption: intercountry and expatriate adoption.
Intercountry adoption explained
Where possible, a child should always be raised in their country of birth.
If that can’t happen, a child may be adopted through Australia’s Intercountry Adoption Program.
‘Intercountry Adoption’ is when an Australian living in Australia adopts a child from overseas.
Australia partners with countries that meet the standards of the Hague Adoption Convention. This international treaty protects children from illegal or harmful adoption practices and makes sure intercountry adoption only happens when it’s in the child’s best interests.
Adoption authorities in each Australian state or territory, called ‘Central Authorities’, will only arrange intercountry adoptions that follow the Hague Adoption Convention process.
If you live in Australia and want to adopt a child from another country, Intercountry Adoption Australia can provide information and referral support.
Expatriate adoption explained
If you’re an Australian living overseas, adopting a child while there comes with higher risks.
If an Australian adopts a child while living in an overseas country and wants to bring the child back to Australia, this is called an ‘expatriate adoption’.
Expatriate adoptions are only arranged by overseas authorities and do not necessarily follow the Hague Adoption Convention.
These types of adoptions carry many risks for the child, the birth family and the adoptive parents.
Australia must uphold the protections of the United Nations Convention on the rights of the child and the Hague Adoption Convention.
Because Australian authorities are not involved in the adoption process, they cannot carry out the checks required by Australian law.
Even if the adoption is considered legal in the overseas country, the adoption may not be recognised in Australia.
This can cause a range of long-term issues for the child and their adoptive family, if they return to live in Australia.
Expatriate adoption practice risks
In expatriate adoption, a child’s best interests might not always come first.
The child and the birth family can fall victim to unethical and illegal actions.
Even if the adoption is lawful overseas, it may not meet Australia’s legal requirements.
The Department of Home Affairs decides whether a child meets immigration requirements to enter and stay in Australia.
Sometimes, an adopted child might not get a visa, which means the adoptive parents may not be able to bring the child with them back to Australia.
These are serious issues with overseas adoption that can cause deep and lasting hurt for the child and the families involved.
For more information on going overseas to adopt a child, you should visit the adoption page on the Smartraveller website.
Getting started
If you live in Australia and want to adopt a child from another country, contact your state or territory central authority.
They will assess your application and, if you’re suitable, work with the partner country.
If you are an Australian living overseas and want to adopt a child there, it is important to get independent legal advice in both countries, to understand the risks of expatriate adoption.
Bringing a child home is an adjustment for any family.
For adopted children, joining your family is a unique and sometimes difficult journey.
The Intercountry Adoption Australia website provides information to help guide you through Australia’s regulated intercountry adoption process.
The website also includes resources and links to support services to help adoptees and their families on the lifelong adoption journey.
Learn more about intercountry adoption at intercountryadoption.gov.au.
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