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

What's New

This ‘What’s New’ page aims to provide some information about current intercountry adoption issues. Please note that there will be short delays in publishing statements following delegation visits to other countries. This is primarily due to internal and external Australian Government approval processes.

China - Document Processing Information - September 2008 (last updated 24 September 2008)

The China Center of Adoption Affairs (CCAA) provides regular general updates on the progress of intercountry adoption applications. Previously, this information was published on the CCAA web site. Information is now provided to adoption authorities and agencies through CCAA’s online work system. The Australian Government Attorney-General’s Department (AGD) will publish this information, updated as soon as practicable after new information is available through CCAA’s online work system.

CCAA has finished the review of the adoption application documents registered with their office before 28 February 2007. They have also finished the placement of children for the families whose adoption application documents were registered with their office before 9 February 2006.

Visit to China and South Korea – November 2008

A delegation from the Attorney-General's Department will be visiting China. This visit will now take place in November. This will be the first visit to China since the Department took on responsibility for the management of the China-Australia Intercountry Adoption Program. The delegation will meet with the China Centre of Adoption Affairs (CCAA), a number of other organisations involved in the Program, and the Australian Consulate-General in Shanghai. During the visit operational matters relating to the program, including the placement of children with special needs, will be discussed.

The Department will also take this opportunity to visit South Korea and meet with the Eastern Social Welfare Society (ESWS). The meeting will focus on the implementation of the 2008 quota and post-adoption issues. 

Updates about the outcomes of this visit will be provided on this site. If you have any questions or comments about the visits, please email us at intercountryadoption@ag.gov.au.

Taiwan – Christian Salvation Service Survey

Christian Salvation Service (CSS) is conducting a study for children adopted through their agency as part of their 25th Anniversary activities. There is a survey questionnaire for adoptive parents and a separate survey for adopted children 14 years of age and older. CSS adoptive families should be receiving these surveys in the mail shortly. 

We would like to encourage all families who have adopted children from Taiwan through CSS to take part in this survey. Participation in the survey is entirely voluntary. Responses should be forwarded directly to CSS.

Information for parents who have adopted from India

We are aware of the recent media attention on allegations relating to child trafficking from particular adoption agencies in India. The allegations are of great concern to the Australian Government. Any enquiries about specific adoptions should be directed towards your State or Territory Central Authority in the first instance.

On 2 September 2008 the Attorney-General, the Hon Robert McClelland MP, made a Ministerial Statement in Parliament on intercountry adoption and India.

Peak Support Group – July 2008 Meeting and Alternate Nominations

The second meeting of the National Peak Overseas Adoption Support Group was held on 29–30 July 2008 in Canberra. Discussions covered a broad range of issues proposed by members and the Attorney-General’s Department. Key issues are outlined in the communiqué.

The Attorney-General, the Hon Robert McClelland MP, has agreed to the appointment of alternate members for those jurisdictions and positions that have only one representative on the Group. The role of the alternate members will be to attend meetings that the primary member cannot attend, and represent their jurisdiction or position. Alternates for the Australian Capital Territory, adoptee and professional positions will be appointed from existing nominations (ie. those received prior to 17 September 2007).

Nominations are now being sought for alternate members to represent Tasmania and the Northern Territory. This is due to only one nomination being received from each jurisdiction in the last nomination process. AGD has sought the assistance of relevant Central Authorities in nominating possible candidates with experience in intercountry adoption. In addition, AGD would also like to invite interested persons in those jurisdictions to send nominations directly to AGD at PeakSupportGroup@ag.gov.au by 12 September 2008. Nominations should include your full name, address and contact details; current curriculum vitae; and a brief statement of interest.

Alternate positions will be determined by the Attorney-General having regard to the benefits of appropriate input from national/state organisations, people with experience of particular countries and existing adoption programs. The Attorney-General recognises that participating does require significant contributions of time by members on the Group. The Attorney-General has decided that AGD will pay the travel costs of members to attend the meeting. A daily sitting fee will also be paid to members who are not otherwise renumerated for each meeting.

While individuals may be involved with particular organisations, representatives are expected to act with a national view, not as representatives of specific adoption groups. It will be the responsibility of representatives to communicate, liaise and raise issues of concern to all within their particular State or Territory.

Update on Bolivia – June–July 2008

In June–July 2008, a delegation from the Attorney-General’s Department (AGD) visited Bolivia to discuss the operation of the Bolivia–Australia intercountry adoption program and review its ongoing viability for the future. The delegation visited Cochabamba, La Paz and Santa Cruz to meet with the Ministry of Justice (the responsible authority for intercountry adoption), various judicial officials, other countries’ Embassies and accredited agencies, and orphanages (with approval from relevant authorities). The delegation also conducted a number of meetings with Ms Norma Altuzarra, the Bolivian representative for the NSW Central Authority, and Dr Gustavo Camacho, the lawyer appointed to represent Australian families throughout the court process.

The visit enabled AGD to seek information about the Bolivian Government’s current approach to intercountry adoption, their management of the adoption process and the need for permanent placement options for children. The Ministry’s response to these issues was to indicate that a new policy on intercountry adoption would soon be released. The Ministry was not able to provide further detail about the policy prior to its release. AGD understands that an announcement has now been made and is awaiting official confirmation about its content.

During meetings with other officials, the delegation was informed that the firm view of the current government—as the first Indigenous government in Bolivia—is that local communities should be able to care for Bolivian children whose birth families are unable to care for them.

The delegation was advised that substantial delays are occurring across most aspects of the intercountry adoption process, including the administrative and judicial procedures. The delays range from the approval of prospective adoptive parents as suitable to adopt in Bolivia through to the approval of an allocation of a child to a particular family. A number of orphanages also informed the delegation of their experiences with delays, particularly relating to obtaining the decision that a child is legally adoptable. More generally, orphanage staff noted that they have observed a significant decrease in the number of adoptions taking place for children within their orphanages. They also noted that those adoptions being processed are also taking longer than in previous years. Some regional differences were observed by the delegation.

The delegation was impressed with the level of care provided to children (ranging from newborn infants to six years of age) in orphanages, despite limited resources. The delegation also noted that a proportion of the children residing in orphanages had families who visited the children on a regular basis and, as such, are not in need of a permanent placement. Orphanages informed us that the most common reasons for children entering orphanages were either poverty or a family history of drug or alcohol abuse.

The Ministry indicated to the delegation that it would be willing to consider the possibility of a new agreement that would enable prospective adoptive applicants from other Australian States and Territories to apply to the program (noting, however, that the delegation has been informed of the government’s view that local communities should be able to care for their children). Any discussions about a possible new agreement will be subject to the detail of the Ministry's new policy and a review of this program against the principles of the Intercountry Adoption Strategic Plan 2008.

AGD will continue to work in cooperation with the NSW Central Authority and their representative in Bolivia to address a range of issues that were identified during the delegation visit. AGD will undertake further consultations to determine the most appropriate action in this regard.

AGD wishes to emphasise that intercountry adoption is currently operating in a climate of uncertainty in Bolivia. This means that it is not possible to provide information on some elements of the intercountry adoption process, including current and future estimated timeframes for placement of a child. Further updates will be placed on this website when available.

Update on Chile – June 2008

In June 2008, a delegation from the Attorney-General’s Department (AGD) visited Chile to discuss the operation of the Chile–Australia program. The delegation met with officials from the Chilean Central Authority, Servicio National de Menores (SENAME), as well as Embassy officials, and overseas representatives for an accredited agency.

The visit was very productive and enabled AGD to develop a more detailed understanding of the framework for adoption in Chile and the needs of Chilean children. In particular, the delegation was pleased to be able to share Australian information and explore a number of important program issues with SENAME.

Some key points include the following:

  • Chile has implemented a streamlined and centralised framework for intercountry adoption under the Hague Convention. SENAME plays an important role in evaluating applications from prospective adoptive parents as well as the matching and allocation process.
  • SENAME is also responsible for the care and placement of children domestically, primarily through its regional offices. The Chilean Government is committed to focussing on domestic adoption for children in need of families.
  • Domestic adoption, particularly for younger children, is very successful in Chile. As a result, it is unlikely that children under the age of four years will be in need of overseas families. SENAME confirmed that applications are not required from Australian prospective adoptive parents for younger children.
  • SENAME also emphasised that there are very few children aged four or five years in need of overseas families. However, they indicated that the children most in need of overseas families are six years and older, sibling groups, and older children with health problems or other complex needs.
  • Most children in need of overseas families will have a history of institutionalisation and may come from more complex social backgrounds. Many children have parents with a history of alcohol, drug abuse or psychiatric conditions. Common health difficulties include hearing or sight problems (many of which may be correctible with surgery), neurological disorders and behavioural issues.
  • SENAME informed the delegation of the range of support services for children in care. In particular, all children over the age of three years undergo a therapeutic process to assist the children with abandonment and institutionalisation.
  • Due to these services, SENAME is able to provide detailed information about a child with the allocation proposal to help prospective adoptive parents make an informed decision about their capacity to adopt a particular child. This includes any information available on the child’s life story, as well as a psychological, health, and school performance assessment.
  • It was clear to the delegation that SENAME believes very strongly in the need for all parties to an adoption to be properly prepared. Their officers work closely with the children in this regard. The delegation confirmed that Australian prospective adoptive parents undergo an extensive assessment, preparation and education process.
  • SENAME strongly recommended that prospective adoptive parents learn some Spanish prior to travelling to Chile so that the child can communicate his or her basic needs.
  • There are currently 133 files on SENAME’s register of suitable couples from a range of Hague Convention countries. The current timeframe for SENAME to review applications and, if approved, enter the couple’s details in the register is four to six months from the date the application is received.
  • The current approximate waiting time for an allocation is 24–30 months from the date of entry on the register. SENAME noted that this waiting time may be shorter for couples seeking to adopt older children (stated as seven to nine years of age), sibling groups, or children with health problems.
  • While SENAME does try to take the length of time a couple has been waiting into consideration, their priority is to find the most appropriate couple on the register to meet the needs of a particular child.

Update on Vietnam – July 2008

AGD is aware of the information published by the US Embassy in Hanoi about their investigations into the US–Vietnam intercountry adoption program. The 'Summary of Irregularities in Adoptions in Vietnam' reports a number of concerns about the operation of intercountry adoption in Vietnam, including:

  • those that arise from the financial links between adoption agencies and orphanages
  • the dramatic rise in the number of children being abandoned (rather than relinquished) since the US–Vietnam bilateral agreement was signed in 2005
  • unlicensed facilities operating to provide support to pregnant women in return for their commitment to relinquish children
  • fraudulent documentation or official documents issued improperly or based on incorrect information, and
  • the lack of action by relevant authorities to address cases or concerns of potential fraud and illegal activity.

AGD takes this information very seriously. The reported concerns impact upon AGD's consideration of a possible intercountry adoption program in accordance with the principles of the Intercountry Adoption Strategic Plan 2008, particularly in relation to:

  • the availability of adequate measures to prevent improper financial gain and corruption
  • concerns regarding the legitimacy of consents for adoption and improper procedures for obtaining those consents, and
  • general concerns regarding the adoptability of children.

Given the serious concerns, the Attorney-General, the Hon Robert McClelland MP, has agreed that AGD should not take further action to progress discussions towards a bilateral agreement with Vietnam at this stage. AGD is not confident that a potential program can operate in accordance with the principles of the Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption.

AGD will continue to liaise with the Australian Embassy in Hanoi to closely monitor the situation and any system improvements. AGD continues to support Vietnam's intention to accede to the Hague Convention and will continue to offer assistance where appropriate.

Further information and updates will be made available and due course.

The Philippines – general update – July 2008

AGD recently held discussions with the Inter-country Adoption Board of the Philippines (ICAB) to clarify and seek further information about a number of aspects of the Philippines intercountry adoption program.

Typhoon Fengshen

ICAB have advised AGD that children in orphanages in the Philippines which may have been affected by the typhoon are safe.

Reviewing dossiers

AGD has been informed that due to the increased number of adoption applications being transmitted to the Philippines, ICAB temporarily ceased reviewing new dossiers to enable them to focus on other priorities. ICAB confirmed that from 13 March to 16 April 2008 the Board temporarily ceased reviewing dossiers. ICAB have advised us that the review of dossiers recommenced on 17 April 2008 and that the processing of adoption applications is at its normal pace.

Waiting times and allocations

The Philippines program is experiencing increased waiting times due to the high number of applications they have received and the reduction in children in need of intercountry adoption. ICAB have also informed AGD that Australia can expect to receive fewer child allocation proposals in 2008, compared to previous years, unless the existing approved applicants become open to adopting children with some medical conditions, unknown backgrounds or older children.

ICAB have informed AGD that the increased waiting times and reduced allocations are being experienced with all their international partners, particularly where approved applicants indicate a preference for younger healthy infants.

ICAB reiterated their previous advice of March 2008 which was as follows:

“For the 1st quarter of 2008, we have noted the increase in the number of adoption applications. Although we are pleased that many of your families would want to adopt a child from our country, we are also concerned because we currently have very few children available for inter-country adoption. This would mean that there will be a longer waiting period for child placement.”

They went on to note:

“We are concerned that families will have to wait for a longer period of time (perhaps from two years and longer) before they receive a child proposal from our country. Again, we emphasize the need to encourage your adoptive families to be more open in accepting children with some medical conditions and “with no background information” so that the waiting period for a child placement will be shortened. Kindly share this concern with your adoptive families.”

Children in need of adoption

The Philippines continue to have a range of children in need of overseas families. Consistent with information provided by many of our other partner countries, the children most in need of overseas families are those that are considered difficult to place with domestic families. ICAB stated that most of the children currently in need of overseas families have the following characteristics:

  • Older children aged eight years and above
  • Sibling groups of three or more children eight years and older
  • Children with multiple medical needs, some of which include:
    • Neurological problems
    • Children who are deaf or mute
    • Children with congenital heart problems
    • Microcephaly
    • Major thalassemia, and
    • Nephritic syndrome
  • Children with global development delays or seizure disorders
  • Children with mental retardation, and
  • Children with complex social backgrounds including exposure to physical and sexual abuse.

Eligibility criteria and program updates

We have updated the Philippines country information page with the information provided by ICAB. Please refer to this page for updates about program requirements and eligibility criteria.

Further information about the ICAB delegation visit to Australia in September 2008 will be posted to this website in due course.

South Korean Program – 2008 Quota

Eastern Social Welfare Society (ESWS) has issued an Australian national quota of 30 adoption applications (dossiers) for 2008. This quota must include a minimum of one third of the applications from families approved to adopt children with more complex medical backgrounds. ESWS have again confirmed the reduced need for intercountry adoption in South Korea, following the ongoing implementation of Government policy concerning domestic adoption. While there continue to be some Korean children in need of intercountry adoption, this quota is for 2008. It is not possible to predict if and when future quotas will be issued. This remains a matter for ESWS, and will reflect the changing needs of Korean children and, where appropriate, the capacity of Australian families to meet these needs.

In accordance with established practice the quota has been distributed across States and Territories according to population, with some consideration for the smallest jurisdictions (to allow for a minimum of one application per State or Territory). The breakdown is as follows:

State Percentage of Population Actual Percentage of 30 Files Total files Minimum # of files for children with medical needs
New South Wales 33% 9.9 9 3
Victoria 25% 7.5 7 2
Queensland 20% 6 6 2
South Australia 7.5% 2.25 2 1
Western Australia 10% 3 3 1
Tasmania 2% 0.6 1 *
Northern Territory 1% 0.3 1 *
Australian Capital Territory 1.5% 0.45 1 *
Total 100% 30 30 10

*At least one of the three files from TAS, NT and ACT would need to be from a family approved to adopt a child with more complex medical needs.
Note: population statistics are taken from the Australian Bureau of Statistics -http://www.abs.gov.au/ausstats/abs@.nsf/mf/3101.0/

As noted in the website statement following the recent delegation to South Korea, a significant number of Korean children now in need of intercountry adoption have a range of more complex medical needs. ESWS has noted that historically, Australian adoption applications have only been from prospective parents approved to adopt infant children without complex medical backgrounds. It is important that applications from Australia reflect the proportion of South Korean children with more complex medical needs requiring families for adoption.

While ESWS do not provide a concrete definition of the range of medical needs, approximately one third of children in their care have a condition/s from a broad range of medical backgrounds. Accordingly and as noted above, at least one third of Australian applications need to be from families approved to adopt children of such backgrounds. Given the range of backgrounds of children, the high quality medical facilities available in South Korea and the professional capacity of ESWS social workers to identify appropriate families for children, a broad range of families (i.e. their approval conditions) will improve ESWS’ ability to find the best possible placements for children.

In order to provide some clarity to families involved in the program, the Australian Central Authorities have developed the following guideline:

Children with more complex medical needs can include the following backgrounds: heart problems, seizures, hepatitis, prenatal exposure to alcohol and other drugs (and complications related to withdrawal), asthma, blood disorders, premature birth, physical disfigurements (including limb/digit deformities), blindness or deafness (profound or partial), failure to reach developmental milestones, cleft lip/palette and a range of other more complex medical conditions.
Note – this statement was developed by the Australian Central Authorities. It is intended to be a guide only, and is not exhaustive or definitive. As with all intercountry adoptions, visa medical clearance is required and is assessed on a case-by-case basis by the Department of Immigration and Citizenship.

The eligibility criteria for applicants specified by ESWS remain unchanged. These strict criteria apply to all families, including those approved to adopt children with more complex medical backgrounds. All new applications sent to South Korea need to comply with the same eligibility criteria. For general information concerning South Korea’s criteria for prospective adoptive parents, please see the Current Intercountry Adoption Programs page.

As noted during the recent delegation, the foster care, medical and other costs of providing care to children have increased due to the longer period a child is now in care. ESWS has confirmed that placement fees of US$12000 will apply to all new applications (US$9000 adoption fee, US$3000 donation).

Dossiers will be prepared and forwarded to ESWS as soon as possible while managing the requirement that a minimum of a third of the applications sent are from families assessed as suitable to parent children with more complex medical backgrounds. It will be important to allow some time for families involved in the program to consider this information and their specific circumstances. Central Authorities have directly contacted families currently approved and waiting in the South Korean program and will make arrangements to manage interest from other families if there are less families approved for South Korea than there are places in the quota for that State.

It is clearly important that all families consider their capacity to parent children, including whether they feel able to parent a child with a more complex medical background. The specific backgrounds for which individual families are able to parent needs to be considered as part of their assessment and approval, and clearly articulated in the assessment report. If you have any queries regarding your adoption application, including potential changes to the circumstances of your application’s approval, please contact your State or Territory Central Authority.

Visit to Thailand – June 2008

In June 2008 a delegation from the Attorney-General’s Department visited Thailand. The purpose of the visit was to gain a more detailed understanding of the work of the Thai Central Authority, continue to develop relationships to assist in the management of Australia’s intercountry adoption program with Thailand, and to canvass other adoption‑related issues in Thailand.

The delegation met with the Australian Embassy in Bangkok, held extensive discussions with the staff of the Thai Central Authority, and visited three orphanages and some foster families. The delegation was pleased with the standard of care being provided to children in both Government and privately run institutions and was impressed with the work being carried out by the Thai Central Authority.

The three orphanages visited were Vieng Ping in Chiang Mai, Pakkred Babies Home in Bangkok, and Thai Red Cross Children’s Home in Bangkok. There was some discussion at each orphanage about the challenge of maintaining a high ratio of carers to children. Staff at each spoke fondly of their experience with Australian families, and noted in particular that they welcome and look forward to return visits by adoptees and their families after the adoption has taken place.

The delegation spent a productive and positive day with the Thai Central Authority. The staff provided detailed information on the operational aspects of their work and the delegation gained a clearer understanding of the priorities that relate to adoption and child welfare issues in Thailand. In particular, the delegation was made aware of the emphasis placed on foster care in Thailand and the support provided by the Thai Government for this. It was noted that a number of children who are ultimately placed through intercountry adoption participate in foster care programs which can assist in easing some of the transitional challenges that face adopted children. The government-run orphanages also highlighted their return and reintegration projects whereby they provide support for birth families and where appropriate, endeavour to reunite children with their birth families. The delegation noted that this approach is consistent with the principles of the Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption and indicated the Australian Government’s support of this work.

The delegation observed that great care and time is taken in the consideration of each application received from prospective adoptive parents, and in turn, identifying the best family for a particular child needing an adoptive placement. There appears to be a strong emphasis on placing children with childless couples, or couples who are infertile. However prospective adoptive parents with two children (biological or adopted) may still apply. Confirmation of the eligibility criteria set by Thailand was obtained. Please see the Thailand country page for further information on this.

There are currently a greater number of boys than girls in need of intercountry adoption in Thailand. Children in need of families are generally aged between 12months and seven years, with older children (over four years old) and those with special needs being more difficult to find families for. The Thai Central Authority noted that the current waiting time for the program is 18+months. Waiting times are usually longer for a girl or for a very young child. The delegation provided the Thai Central Authority with information about the Australian immigration health requirements for children being adopted and noted that some Australian prospective adoptive parents have indicated an interest in adopting a child with special needs.

The importance of registering adoptions through the Thai Embassy in Australia was emphasised by the Thai Central Authority. It was explained that this is a key step that must take place under Thai law. It was noted that there are a small number of Australian families who have not undertaken this final step and it was requested that they seek to comply with the requirement.

Information about record keeping and post adoption information for adoptees was discussed with the Thai Central Authority and also Thai Red Cross Children’s Home. The delegation welcomed news that all adoption records are gradually being scanned to electronic records. Original hard copy records will also be retained. The non‑government agency, Thai Red Cross, appeared to have a good working relationship with the Thai Central Authority and they work together to ensure that adoption records are carefully preserved.

The Thai Central Authority confirmed that it will host a Nativeland Visit in July or August 2009. This event is held every 3-4 years and participants come from all over the world. It provides an excellent opportunity for adoptees to return to their country of origin with their families. Further information is expected in early 2009 and will be posted on this website as it becomes available.

Visit to Ethiopia – June 2008

On 15–24 June 2008, a delegation from the Attorney-General’s Department, accompanied by officers from two State Central Authorities, visited Ethiopia as part of the Ethiopia–Australia Intercountry Adoption Program. The delegation used the visit to progress current program matters, address operational issues and consider the future direction of the program.

The delegation met with relevant Ethiopian Government Ministries – Women’s Affairs (MoWA), Justice (MoJ) and Foreign Affairs (MFA), the President of the Federal First Instance Court, and Australia’s representatives for intercountry adoption. The delegation also met with a number of foreign Embassies, a local/zonal authority, and a number of non-government organisations (NGOs) working in Ethiopia. These NGOs provide differing services to families and children. The delegation progressed a range of program matters and furthered the strong working relationships between Ethiopia and Australia in intercountry adoption. The visit provided a broad insight and perspective about the practicalities and challenges of intercountry adoption in Ethiopia. Key elements of the visit are outlined below.

Ethiopian Government Ministries

  • There continues to be Ethiopian children in need of families through intercountry adoption, including older children and children with more complex social and medical needs.
  • The Ethiopian Government expressed its intention to move toward becoming a party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. Relevant Ministries will be conducting a review to identify issues for Ethiopia’s legal framework.
  • The Ethiopian Government was pleased with the current structure and function of the Ethiopian–Australian Intercountry Adoption Program and with the provision of services by the Australian Representatives.
  • There has been a significant increase in foreign adoption agencies operating in Ethiopia over the last few years, and this increase has generated substantial pressure for monitoring and oversight. The increasing number of orphanages was also noted. The delegation observed the pressure imposed on Ministries with static resources, and the implications of this pressure. The Ethiopian Government is pursuing a program of work to better inform and identify the circumstances of children entering institutional care.
  • There is a current suspension on the receipt of new applications for NGO accreditation while new regulations on the accreditation and management of NGOs (including NGO adoption agencies) are considered by relevant Ministries and Parliament. NGO adoption agencies are required to submit a humanitarian project as part of their accreditation. Many NGO adoption agencies also enter into working agreements with orphanages, which include the provision of direct financial assistance and/or material aid.
  • The needs of children and families post-adoption were discussed and information about Australian practices provided.

Australian Representatives

The delegation acknowledged the work of the Australian Representatives in making improvements to the current system. A range of operational matters were discussed and/or progressed, including:

  • Improving adoption application (dossier) and update assessment content and requirements.
  • Improving applications to the Federal First Instance Court.
  • Improving communication processes between the Australian Central Authorities and the Representatives.
  • Improving documentation of program procedures and systems.
  • The current resources and staffing of the Ethiopia–Australia Program.
  • Financial matters, including program fees.
  • Local (Ethiopian) administrative processes required to appropriately determine whether a child is in need of a permanent family.
  • Options for the long-term future of the program.
  • The development of clearer guidelines and processes for children and families post-adoption.
  • The importance of annual post-placement reports was discussed. A significant minority of Australian families are not providing these reports, and are therefore failing to meet their obligations under the Ethiopia–Australia bilateral agreement. The Australian Representative asked that all families ensure they forward these reports as they are due. It is a clear expectation of MoWA that these reports are provided by families until a child reaches 18 years of age.
  • A range of case-specific matters, as identified by State Central Authorities.

The Ethiopian intercountry adoption system faces a range of challenges. Some of these challenges are practical, like weekly power cuts and the rising cost of living. The delegation was able to observe some of the actions taken by the Ethiopian Government Ministries and the Australian Representatives toward addressing these challenges. The delegation was also able to see some of the projects supported by the Australian African Children’s Aid Support Association and the important outcomes these produced. A substantial range of ongoing work was identified during the delegation visit and the Australian Central Authorities will consider how best to progress this program of work. Further information will be provided as soon as appropriate.

Children Affected by Natural Disasters

AGD has received a number of enquiries relating to the adoption of children affected by the cyclone in Burma and the earthquake in Sichuan Province, China. While the Government shares concerns over the plight of children affected by these disasters, intercountry adoption should not be considered in the immediate aftermath of such crises. Decisions regarding the care and protection of children are naturally a matter for the Government in the child's country.

During or after natural disasters, children are often separated from their families and communities. This does not necessarily mean that these children do not have living parents or other relatives. Even if both parents have died, the chances of finding living relatives or other carers from their community does exist. In these situations, it is in the best interests of children to remain with their family and country as further separation from their extended families and countries may compound the trauma these children have already experienced.

AGD also notes the UNICEF position in these situations.

The Chinese Ministry of Civil Affairs has released a statement through the China Centre of Adoption Affairs (CCAA) outlining their approach in caring for children orphaned or separated from their parents as a result of the earthquake.

Philippines General Update

The Australian Central Authority is pleased to announce that the Philippines Inter-country Adoption Board (ICAB) have accepted an invitation for a delegation to visit Australia in September 2008.

ICAB have announced that two delegates will travel to Australia for this visit, Undersecretary Luwalhati F. Pablo and Attorney Ma. Cielo S. Rondain. The delegates will participate in the Australian Adoption Conference in Sydney and will also visit a number of other States and Territories during their stay. All Australian Central Authorities are looking forward to welcoming and hosting the delegates and the opportunity this visit presents to strengthen our relationship with the Philippines.

Attorney-General's Department (AGD) continues to consult with ICAB on a range of issues relating to the overall management of the Philippines program. We will continue to provide updates on this website when new information is received.

Central Authorities’ Meeting 15 & 16 May 2008, Brisbane

The Central Authorities held their standing biannual meeting in Brisbane on 15 16 May 2008. Representatives from the New Zealand Central Authority, the Department of Immigration and Citizenship (DIAC) and the Australian Institute of Health and Welfare (AIHW) also attended parts or all of the meeting. Keys discussion items are outlined at the following link: http://www.ag.gov.au/www/agd/agd.nsf/Page/IntercountryAdoption_Consultations

Capacity Building Assistance to Overseas Countries

On 18 May 2008, the Attorney-General, the Hon. Robert McClelland, announced that the Commonwealth Government will contribute $200,000 to an initiative run by the Hague Conference to help protect children involved in intercountry adoption.
Please see the Attorney-General’s media release for further information.

Information Sheet – Intercountry Adoption and changes to Citizenship Legislation

An information sheet outlining changes to citizenship legislation that affect children adopted from overseas has now been posted on the Immigration Requirements for Children Adopted Overseas page.

Interstate Transfer Protocol

On occasions, prospective adoptive parents relocate interstate during the course of their adoption application. When this occurs, the intercountry adoption application must be formally transferred to the Central Authority in the family's new State or Territory. The Australian Central Authorities have developed an interstate transfer protocol to minimise the disruption to relocating prospective adoptive families and to ensure there is access to consistent information. Further information regarding the protocol is outlined in the attached fact sheet (DOC 53KB) (PDF 28KB). Families need to contact their Central Authority as soon as possible, should they be considering relocating interstate during the course of their adoption application.

China Program – Increase in Service Fees

From 1 June 2008, service fees for the China intercountry adoption program will be increased due to continuing fluctuations in the exchange rate. The service fee will be increased from USD$660 to USD$750 per dossier. The service fee for special needs dossiers will be increased from USD$420 to USD$480 per dossier.

Access to the Baby Bonus for Adoptive Parents

As part of the 2008-09 Budget, the Government announced that eligibility for the Baby Bonus will be extended to families who adopt children under 16 years of age. The adoptive parent will need to lodge a Baby Bonus claim within52 weeks of the child being placed into their care by the appropriate authority. The extension of eligibility will come into effect from 1 January 2009 and recognises the significant expenses incurred by adoptive parents, as for all new parents, in welcoming and settling a child into their family. The Government is pleased that this change will implement Recommendation 9 of the Overseas Adoption in Australia Report.

The Government announced other changes to the Baby Bonus which will also come into effect from 1 January 2009. A new family income test will apply to the Baby Bonus, limiting eligibility to families with an adjusted taxable income of $75,000 or less in the six month period following the birth of a baby, or an adopted child being placed into the care of a parent by the appropriate authority. In addition, all families will be paid their Baby Bonus in 13 fortnightly instalments.

Responsibility for the Baby Bonus rests with the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA). Further information on changes to the Baby Bonus announced in the 2008-09 Budget, including fact sheets and media releases, can be found on the FaHCSIA website.

Visit to South Korea – May 2008

The primary purpose of the visit to South Korea was to meet with the Chairman, President and staff of the Eastern Social Welfare Society (ESWS) to discuss the current and future status of the South Korean-Australian intercountry adoption program.

The delegation also met with the South Korean Ministry of Health Welfare and Family Matters, Global Overseas Adoptees’ Link (GOA’L) and Holt Children’s Services (aKorean adoption agency). The meetings were very helpful and productive, and built on the strong relationships between South Korea and Australia with regards to intercountry adoption. Both ESWS and the delegation acknowledged this close and important relationship.

Discussions with ESWS covered a range of issues related to the program:

  • It was noted that the last quota for Australian files was given in 2006 and was for 70 adoption applications. Four Australian applications remain with ESWS.
  • The South Korean Government and ESWS remain committed to the focus on domestic adoption for children in need of families. The delegation noted Australia’s support for this policy.
  • A significant number of children now in need of intercountry adoption have a range of special needs; including children with cleft lip/palates, heart conditions, limb deformities and many other complex backgrounds. ESWS noted that historically, Australian adoption applications have only been from prospective parents approved to adopt infant children without complex medical backgrounds.
  • ESWS noted that they have needed to take a very cautious approach when matching children to Australian families to ensure that the children do not have additional medical needs at the time of allocation. They noted that many children in need of families have been unable to be matched with Australian families for this reason. They contrasted this with applications from other receiving countries, where a substantial numbers of families are approved to adopt children with special needs.
  • The delegation noted there are Australian families that are suitable and willing to parent such children and noted the potential for such families to send adoption applications in the future.
  • Australia’s immigration laws were discussed, and it was noted that although applications are considered on a case-by-case basis, the general principal is that conditions that are minor or treatable will be acceptable under Australian immigration policy. This includes the significant number of the special needs cases described by ESWS.
  • Older children in need of intercountry adoption are usually placed in care due to the separation and divorce of their parents. The legal circumstances of older children (over three years) were discussed, and will need further consideration.
  • At the end of the discussion, ESWS indicated that it is likely that new Australian applications will be accepted in the future, although the size of the quota will be substantially smaller than in past years. Any new quota is subject to current discussions between ESWS and the South Korean Government. Specific timeframes were not able to be provided.
  • As children are now in foster care for longer periods (due to the longer period of time it is required that efforts are made to place the child domestically), the costs of providing such care have increased. Any new applications will be subject to increased fees. Further detail will be confirmed as and when new applications are requested.
  • ESWS noted that, on occasions, they received direct contact from Australian families regarding their adoption applications and the program more generally. ESWS noted their concerns regarding this and again requested that all contact with Australia occur through Central Authorities, ie families should contact their State/Territory Central Authority with their questions, not ESWS.
  • They went on to note how pleased they were at the visit of the delegation and the issues covered in our discussions, and their preference for discussing significant program issues face-to-face with the Australian Central Authority when possible.
  • AGD staff witnessed the excellent care and commitment to children provided by ESWS staff and foster carers.

The meeting with GOA’L focussed on their role in post-adoption, as well as Australia’s post-adoption practices. GOA’L provides a range of services to adoptees, predominantly adults, returning to South Korea as well as providing a national and international voice for Korean adoptees. Further information is available on their website (http://goal.or.kr/eng/)

Throughout the visit the delegation was repeatedly advised of the focus on domestic adoption by the South Korean Government and the Korean adoption agencies, as well as South Korea’s low birth rate. During such discussions, the delegation acknowledged Australia’s support of this policy. Discussions also noted the policy that children must have the consent of their parent/s before they are eligible to be adopted. There are no plans by the South Korean government to change this policy. Given these circumstances and the global numbers of prospective adoptive families, indications were that it is highly unlikely that other adoption agencies in South Korea will require additional adoption applications from overseas. Holt Children’s Services noted they already receive a significant number of applications, have lengthy waiting times and do not need additional adoption applications. AGD will continue discussions with South Korea, in the event that such a need occurs in the future.

At this time, it is not possible to predict or confirm when new Australian adoption applications will be requested by ESWS. Any new information will be provided to the Australian adoption community as soon as possible. Please note, AGD provides updates to State and Territory Central Authorities following all overseas visits.

Visit to Taiwan – April/May 2008

InApril/May 2008 a trip to Taiwan was undertaken to discuss the operation of Australia’s existing adoption program and to determine the feasibility of establishing additional adoption programs with other agencies. Meetings were held with the Children’s Bureau (the authority responsible for adoption), the Christian Salvation Service(CSS) and three other adoption agencies. This visit was very useful.

The meeting with the Children’s Bureau was very positive, with staff discussing their focus on the wellbeing of children in need of adoption. During this meeting, the Children’s Bureau highlighted the differencesbetween Taiwan’s judicial system and the Australian judicial system and noted that judges in Taiwan may investigate matters at their discretion when finalising adoption applications. In some instances, this has included requests for updated documents from Australian families, for example medical and police checks. Judges make these requests because they are concerned about the children to be adopted and want to ensure that adoptions occur only when they are in the best interests of the children.

The meeting with CSS was also fruitful. CSS staff were very pleased with the quality of the applications being sent by Australian adoption authorities and they were impressed by the preparation of Australian prospective adoptive families. This visit also providedan opportunity to visit the CSS nursery where the quality of care being provided to the children at CSS was able to be observed first hand.

Given the number of Australian families interested in adopting children from Taiwan, there were also meetings with other adoption agencies to discuss their need for families suitable to adopt. This was done after speaking with CSS and ensuring that working with other agencies would not jeopardise the existing relationship with their agency.

Adoption agencies in Taiwan noted that an increasing number of local families are interested in adoption, in particular the adoption of healthy infants. This means that the majority of children in need of adoption by overseas families either have complex social backgrounds or special needs.

Ongoing discussions will take place with two of the agencies that were interested in considering accepting applications from Australian families. It is expected that applications will only be required from families interested in adopting children older than three, children who have complex social backgrounds, or children with other special needs (for example, minor medical conditions). It is likely to be some months before the agency will be able to confirm their criteria and clarify whether they are willing to accept applications. Arrangements will then have to be put in place to deal with the practicalities of transmitting files. Information about developments relating to this program will be posted on this site.

Visit to Hong Kong – April 2008

InApril 2008, a delegation from the Attorney-General’s Department (AGD)visited HongKong to discuss the operation of Australia’s existing adoption program and to determine the feasibility of establishing additional adoption programs with other agencies. This visit was very useful.

The delegation firstmet with the Central Authority in Hong Kong (the Social Welfare Department) andInternational Social Service - Hong Kong Branch (ISSHK) to discuss the operation of the existing intercountry adoption program. Both the Social Welfare Department and ISSHK were very pleased with the content of applications prepared by Australian Central Authorities andthe way in which Australian adoptive families were prepared for adoption.

The delegation also met with two other adoption agencies, both accredited bodies under the Hague Convention, and had some positive discussions about the possibility of establishing new programs. Ongoing discussions will take place with one of these agencies. It is expected that applications will only be required from families interested in adopting children older than three, children who have complex social backgrounds, or children with other special needs (for example, minor medical conditions). Agencies also noted that where older children are in need of adoption, this is generally due to child protection concerns.

In Hong Kong, adoption agencies are accredited to work with specific countries and must obtain permission from the Social Welfare Department if they wish to establish new programs. It is likely to be some months before the agency will be able to obtain this permission and for them to confirm their criteria. Arrangements will then have to be put in place to deal with the practicalities of transmitting files. Information about developments relating to this program will be posted on this site.

All the organisations noted that domestic adoption in Hong Kong had increased in recent years and that there was now a waiting list of domestic prospective adoptive parents wanting to adopt infants without complex backgrounds. This has meant a decrease in the number of children in need of intercountry adoption. The majority of children nowin need of intercountry adoption are children three years of age or older with complex social backgrounds or children with special needs.These special needs include global developmental delay,Down Syndrome, and chronic illness.

Direct Contact with Overseas Agencies

A number of adoption agencieshave recently raised with AGD the fact that some prospective adoptive families had made direct contact with their staff. Agencies expressed a range of concerns regarding this. Not only can such contact be frustrating and distracting for agency staff it may, in some cases, be contrary to the principles of the Hague Convention. The principles and safeguards of the Hague Convention apply to all of Australia’s intercountry adoption programs.

The principles of the Hague Convention, specifically Articles 29, 4 and 5,prohibit contact between prospective adoptive applicants and a person with care of an intended adoptive child until the final stages of the adoption process. Thisprevents any real or perceived influence between prospective adoptive parents and any person whose consent may be required for the adoption. It also protects prospective adoptive parents and agency staff against allegations of (real or perceived) inappropriate or illegal conduct in the course of the application.

Accordingly, we ask that prospective adoptive families do not directly contact overseas adoption agencies. Any queries or concerns that prospective adoptive parents may have should be directed to their caseworker in the relevant State or Territory Central Authority.

Response to Online Petition about Intercountry Adoption

Stakeholders have made us aware of an online petition about intercountry adoption. Attached for your information is a response to the concerns raised:

We are happy to answer any queries you may have about the work of the Attorney-General’s Department and encourage you to contact us directly at intercountryadoption@ag.gov.auabout any concerns or issues you would like answered. We can answer individual queries, as well as collective concerns by updating our website.

E-mail Distribution List

If you would like to be included on our e-mail distribution list please write to us at intercountryadoption@ag.gov.au