Private Adoption
Private adoption arrangements are illegal in most States and Territories. State and Territory authorities do not support privately arranged adoptions. Adoptions to Australia must either be approved by a State or Territory authority or meet requirements for expatriate adoption. Adoptions through State and Territory authorities can be pursuant to the Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption (Hague Convention) or pursuant to bilateral arrangements between the Australian Government and the partner country.
Under the Hague Convention, prospective adoptive parents seeking to adopt from an overseas country must apply to the Central Authority in the country in which they are 'habitually resident'.
The following types of applicants living in Australia are generally considered to be ‘habitually resident’ in Australia for the purposes of commencing an intercountry adoption under the Hague Convention:
- Australian citizens and permanent residents
- a single applicant who is an Australian citizen or permanent resident but also holds citizenship of, or rights to permanent residency in, another country/s, and
- joint applicants, where at least one is an Australian citizen or permanent resident regardless of whether one or both hold citizenship of, or rights to permanent residency in, another country/s.
In effect, this means that these applicants need to apply for intercountry adoption with their relevant Australian State or Territory adoption authority.
The Australian Government strongly cautions applicants habitually resident in Australia against pursuing domestic adoptions overseas, even if they also hold citizenship or rights to permanent residency in that particular country. Families in these circumstances should contact their State or Territory adoption authority before proceeding with any adoption application with an overseas authority.
The Australian Government Department of Immigration and Citizenship (DIAC) will refuse a child an entry visa unless the adoption arrangement meets immigration requirements even if the adoption has already occurred and is lawful in the overseas country.
The only circumstance where a visa may be granted to a child adopted privately overseas is where the adoptive parents’ circumstances meet specific DIAC requirements. For further information see Expatriate Adoption.