Australian Government: Attorney-General's Department
Australian Government: Attorney-General's DepartmentAchieving a Just and Secure Society

Frequently Asked Questions

We are particularly interested in hearing from you if you have any questions you would like answered on this website. If you have a question about intercountry adoption please email us at intercountryadoption@ag.gov.au. Where appropriate, responses to questions received will be added to the frequently asked questions listed below.

What is the Hague Convention on Intercountry Adoption

The Hague Convention on Intercountry Adoption on Protection of Children and Co-operation in respect of Intercountry Adoption is one of 37 conventions administered by the Hague Conference on Private International Law. The Convention was set up to establish safeguards for children and their families and protect them from illegal, irregular, premature or ill‑prepared adoptions. The Convention focuses on the need for intercountry adoptions to occur only where it is in the best interests of the child.

The Convention was concluded on 29 May 1993 and entered into force on 1 May 1995. Australia ratified the Convention on 25 August 1998 and it entered into force in Australia on 1 December 1998. There are currently 74 contracting states to the Convention. Australia has adoption arrangements with both Hague and non-Hague countries.

See the Hague Conference – Intercountry Adoption for more information.

What is involved in the process of adoption?

The process may vary slightly depending on the State and Territory you reside in. Please see the information provided at the Intercountry Adoption Process page.

Who can adopt from overseas?

Eligibility criteria applies to those wanting to adopt a child from overseas. Applicants must meet the eligibility requirements set by the Australian State or Territory in which the application is being lodged. Each overseas country also has eligibility criteria that applicants must meet.

For more information see the Country Programs page or contact your relevant State or Territory authority.

Where can I adopt a child from?

Australia has intercountry adoption programs with a number of countries. Please see the Country Programs page for more information.

At what age can children be adopted?

Children needing families range in ages. Overseas countries have indicated that there are longer waiting times for the adoption of infants due to the number of families wishing to adopt these children. Please see our Country Program page and contact the relevant State or Territory authority for more information on children needing families.

What is a lead state?

Australia used to manage the establishment of intercountry adoption programs on a lead-state basis. According to this approach, a State managed the establishment and administration of a particular country program on behalf of all the States and Territories. Individual States and Territories still forwarded applications directly to the overseas country. The Australian Government has now taken on responsibility for establishing and managing new and existing country programs.

Can I adopt a child from a country with which Australia does not have an adoption program?

As a general principle, an individual request to a country with which there is no established program will not be consistent with a strategic approach to Australia's management of intercountry adoption programs. Managing ad hoc requests involves the commitment of significant resources from Governments, which could divert effort from the establishment of broader, more accessible, programs that are likely to better provide for the best interests of children in those countries. Further information on the Government’s approach to ad hoc requests is outlined in the Intercountry Adoption Strategic Plan 2008.

How much does it cost to adopt a child from overseas?

Intercountry adoption can be a very expensive process. Fees vary between the States and Territories as well as between the countries. There are also other related costs such as airline travel, overseas accommodation and the preparation of documentation (eg notarisation fees). Adoption costs are subject to change.

For more information, contact your relevant State or Territory authority.

How long does the adoption process take?

The amount of time an adoption process can take varies greatly. Factors that may effect the time involved in the process include the number of children needing families, the State and Territory you reside in, the number of prospective adoptive applicants, the age and needs of the child/children that you are approved to adopt and the timeframes established by the particular country.

For more information, contact your relevant State or Territory authority.

How many children are adopted by Australians each year?

The Australian Institute for Health and Welfare (AIHW) produces a report on adoptions in Australia each year. These reports can be downloaded from the AIHW website.

In 2006/2007 there were 568 adoptions in Australia. Of these, 405 were intercountry adoptions. See the Statistics page for more information.

What is an accredited body?

Under the Hague Convention on Intercountry Adoption, a Central Authority can accredit a body to undertake work associated with the processing of intercountry adoption applications. There are no accredited bodies currently operating in Australia. The application process is run by State and Territory authorities.

What support is available for adoptive families?

In addition to the support provided by your State and Territory authority, there are a number of organisations which provide support for prospective adoptive families, and those that have already adopted. The majority of support organisations have been established by people who have been through the adoption process themselves. The focus of these support groups vary depending on which State or Territory the parents reside in and from which country they seek to adopt a child. Relevant websites and contact details are listed on our Contact Information page.

Who do I contact for more information on intercountry adoption?

Please see our Contact Information page for the relevant organisations in your State or Territory.