The Hague Convention on Intercountry Adoption
The international principles that govern intercountry adoption are set out in the Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption, which was concluded on 29 May 1993 and came into force on 1 May 1995. The Australian Government ratified the Convention on 25 August 1998 and it came into force in Australia on 1 December 1998. It is implemented in Australia by the Family Law Act 1975 and the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998.
Purpose of the Convention
The Convention aims to protect children and their families against the risks of illegal, irregular, premature or ill-prepared adoptions abroad. It does so by establishing principles for countries to follow that focus on the need for intercountry adoptions to occur only where it is in the best interests of the child and with respect for his or her fundamental rights. The Convention also focuses on the need for countries to work to prevent the abduction, sale, or trafficking of children.
Although not all countries with which Australia has adoption agreements are signatories to the Convention, the Australian Government and the State and Territory authorities work to ensure that all adoption programs meet the standards of the Convention.
Central Authorities
The Convention requires Contracting States to designate a Central Authority to discharge the duties which are imposed by the Convention. The Australian Government Attorney-General's Department is the Australian Central Authority for intercountry adoption under the Convention. As Australia is a federation, a Central Authority has also been designated in each State and Territory. Further information about the role of the Australian Central Authority and the State and Territory Central Authorities is available at Roles of the Commonwealth States and Territories page.