What is Adoption
Adoption is one option used to provide care for children who are unable to live with their birth families. It is a legal process where legal rights and responsibilities are transferred from birth parents to adoptive parents. There are two types of adoption: local, from within Australia, and intercountry, from other countries. The Australian Government shares responsibility for intercountry adoption with the States and Territories. Local adoption is solely the responsibility of the States and Territories. For information on local adoptions please contact the relevant authority in the State or Territory in which you reside. See the Contact Information page for more information.
Intercountry Adoption
Australia is party to the Hague Convention on Intercountry Adoption. The Hague Convention on Intercountry Adoption establishes principles to ensure that intercountry adoptions occur only where it is in the best interest of the child and with respect for his or her fundamental rights.
Australia has intercountry adoption programs with a number of overseas countries. These programs are either conducted under the Hague Convention on Intercountry Adoption or through bilateral arrangements. In Australia, intercountry adoptions must be undertaken through the State and Territory authorities.
Private Adoption
Private adoption arrangements are illegal in most States and Territories. State and Territory authorities do not support privately arranged adoptions.
The Department of Immigration and Citizenship (DIAC) will refuse a child an entry visa unless the adoption arrangement meets migration 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 have been living overseas for more than 12 months at the time of the migration application. They must show that:
- their residence overseas was not contrived to deliberately bypass any requirements concerning the entry of adopted children into Australia
- they have lawfully acquired full and permanent parental rights by the child's adoption. This means that the adoption order must sever the legal relationship between the child and its biological parents, and
- the relevant authorities in the overseas country have approved the child's departure to Australia.
The child also needs to meet the standard migration requirements, including health criteria. For further information see Immigration Requirements.