Types of adoption
Adoption pathways
There are different pathways that may lead to overseas adoptions being recognised in Australia. The pathway that applies depends on your relationship with the child and how the adoption is arranged.
In all cases, the child’s best interests are the most important consideration.
Intercountry adoption can provide a permanent family for a child who cannot be cared for by their birth family or through other suitable care in their country of origin. Adoption is generally considered only after other care options have been explored.
Intercountry adoption
Intercountry adoption is when a person or family in Australia adopts a child from another country.
Partner country programs
Adoptions are arranged through official programs between Australia and partner countries. This is the main pathway for overseas adoption in Australia.
Australia partners with countries that adhere to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption(Opens in a new tab/window) (Hague Convention).
Under this program, a child’s country of origin identifies that they need adoption. Eligible applicants can then be considered as potential adoptive parents.
Australian and overseas authorities oversee the process. Legal, social and welfare safeguards help protect the rights and interests of children and families.
Where to start
Learn more about:
- applying for intercountry adoption
- Australia’s partner countries
- intercountry adoption policies and guidance
- legislation and research.
To discuss your interest and suitability, contact your state or territory central authority. They are listed in the intercountry adoption contacts.
Other intercountry adoption pathways
Relative and known (non-relative) adoption may apply when a child already has a family or personal connection with the person or family who wants to adopt them.
In most cases, Australian governments will not support these adoptions from a country that is not a member of the Hague Convention. They are also unlikely to support these adoptions if they take place outside Australia's intercountry adoption programs.
Before you take any steps overseas, seek independent legal advice from a family law specialist. Also consider information from the Australian Government about citizenship, visa and migration requirements(Opens in a new tab/window).
To make sure you get the right information, always contact your state or territory central authority. They are listed in the intercountry adoption contacts.
Relative adoption
Relative adoption is when a person seeks to adopt a child from another country who is already a member of their extended family, such as a niece, nephew, cousin, brother or sister. The fact that a family relationship exists does not, on its own, mean that adoption is appropriate or available.
Before a relative adoption can be considered, authorities generally need to determine that the child needs intercountry adoption and that adoption is in the child's best interests. Authorities will first consider whether suitable family or other care is available in the child's country of origin.
Prospective adoptive parents are assessed in the same way as for other adoptions. This assessment looks at factors such as their health, age and ability to meet the child's long-term needs and provide lifelong care.
Not all countries allow relative adoption, and extra checks may be needed. Adoptions arranged privately or outside official processes may not comply with the Hague Convention.
In some circumstances, other immigration pathways may be more appropriate than adoption.
Known (non-relative) adoption
Known non-relative adoption is when a person wants to adopt a child they already know but who is not a relative. They may know the child through family, their community or a longstanding personal connection. Knowing a child does not mean an adoption can or will go ahead.
As with relative adoption, authorities need to determine that the child needs intercountry adoption and that adoption is in their best interests. They must also be satisfied that the proposed arrangement is lawful, ethical and free from improper influence.
This type of adoption can be more complex. It may not comply with the Hague Convention and may not be allowed.
Other types of overseas adoption
Expatriate adoption
Expatriate adoption is when Australian citizens or permanent residents adopt a child while living in another country.
These adoptions are not part of Australia's intercountry adoption program. The adoption process is managed under the laws of the country where the adoption takes place.
People considering an expatriate adoption should seek independent legal advice from a family law specialist and consider information from the Australian Government about citizenship, visa and migration requirements.(Opens in a new tab/window)
Adoptions outside Australia's intercountry adoption program can involve additional risks. They may not be automatically recognised. Families may need to take extra legal steps before returning to Australia with the child, and there is a risk that the child will not be able to enter.
Learn more about expatriate adoption.
More information
- Learn more about Planning to adopt from overseas
- Learn more about Applying for intercountry adoption