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

What's New in Intercountry Adoption

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.

Outcome of delegation visit to Ethiopia in January 2010

An Australian delegation travelled to Ethiopia from 17-24 January to discuss the current suspension and investigate options for the future of the Ethiopia-Australia intercountry adoption program. 

The delegation met with the Ministry of Women’s Affairs, the Ministry of Foreign Affairs, the Federal First Instance Court, International Organisation for Migration, UNICEF, the Grace Centre for Children and Families, Regional and Zonal level governments, and a number of foreign embassies and orphanages. The delegation also met with the Australian representatives and visited Koala House. 

The visit was positive and the Attorney-General’s Department is now finalising its review of the program. There are a number of complexities to investigate and the Department is focussing on whether the Australian program can work within the Ethiopian framework, consistent with Australia’s Hague Convention obligations and possible safeguards to mitigate broader concerns. We hope that the review will be finalised in the coming weeks to enable the Attorney-General to make a decision about the future of the program by the end February. The outcome of the decision will be published on this website. 

The interim suspension will remain in force until advised otherwise. As previously noted, activity during the interim suspension will be restricted to those children already referred to the Australian program. No new children will be accepted by the program during the suspension. Applicant files currently waiting in Ethiopia to be allocated will remain there until a decision about the future of the program is made.

Release of Adoptions Australia 2008–09 Report – 5 February 2010

The Australian Institute of Health and Welfare has released its annual report Adoptions Australia 2008–09. It shows that the number of intercountry adoption finalisations has remained fairly static for the year ended 30 June 2009.

During 2008–09 there were 269 intercountry adoptions to Australia, one less intercountry adoption compared to the previous year. Intercountry adoptions represented 61 per cent of total adoptions (intercountry, local and ‘known’ child adoptions).

In summary, of the intercountry adoptions to Australia:

  1. 82 per cent of children were from Asia; 14 per cent from Africa; 3 per cent from South America; and 1 per cent from Europe
  2. the majority of children adopted were under the age of five (88 per cent)
  3. a slightly higher proportion of adopted children were female (52 per cent), and
  4. the largest proportion of children were from China (23 per cent); Philippines (17 per cent); South Korea (17 per cent); and Ethiopia (14 per cent).

This report contains comprehensive information relating to adoptions in Australia (intercountry, local and ‘known’ child adoptions) and can be downloaded here: http://www.aihw.gov.au/publications/index.cfm/title/10858

Children affected by the Haiti Earthquake Crisis – 20 January 2010

The Department has received a number of enquiries relating to the adoption of children affected by the earthquake in Haiti.  While the Government shares concerns over the plight of children affected by this disaster, 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.

There have been media reports of some receiving countries evacuating children from Haiti. The Department is aware that some countries with established intercountry adoption arrangements with Haiti are expediting the entry of Haitian children who were already well into the adoption process and where existing adoption applications were in the process of being finalised prior to the earthquake.  As Australia does not have intercountry adoption arrangements with Haiti, the evacuation of children from Haiti to Australia would not be an appropriate response to assist in this crisis. The Department supports assistance being provided through alternative means, such as donations to aid organisations involved in the relief effort.

AGD supports the statement from the International Social Service concerning the adoption of children from countries affected by natural disasters.

Call for nominations – National Intercountry Adoption Advisory Group (NICAAG) – 8 January 2010

The Department invites interested persons to nominate for several upcoming vacancies on the National Intercountry Adoption Advisory Group (NICAAG). There will be vacancies for persons residing in New South Wales, Victoria, the Australian Capital Territory, the Northern Territory and Tasmania. There will also be vacancies for alternate positions on NICAAG for persons residing in the Australian Capital Territory, the Northern Territory and Tasmania.

These vacancies will arise due to a number of existing appointments expiring on 30 March 2010.

If you are interested in nominating to be a member of NICAAG, please provide a brief statement of interest to the Department containing a covering letter and curriculum vitae which includes details of your experience in the intercountry adoption field.

Applications will be assessed based on three criteria, which you must address specifically in your covering letter and curriculum vitae. These criteria are based on the NICAAG Terms of Reference.

Please address:

  • Your ability to provide advice on intercountry adoption matters referred to NICAAG by the Attorney-General or the Attorney-General’s Department, based on your experiences in intercountry adoption.
  • Your ability to identify important issues in intercountry adoption and communicate issues which concern the intercountry adoption community. Please provide information on any knowledge or expertise you have relating to intercountry adoption, for example, with specific country programs.
  • Your ability to communicate with the intercountry adoption community on issues under consideration by NICAAG, where appropriate. Please provide information on your experience working with the intercountry adoption community.

Nominations should also include your full name, address and contact details. Statements of support from individuals or organisations will be considered if submitted with the nomination.

Nominations close on Monday 8 February 2010.

Nominations should be sent to: nicaag@ag.gov.au, or
Intercountry Adoption Branch
Attorney-General’s Department
3–5 National Circuit
BARTON ACT 2600

The terms of appointment are all until 30 March 2012.

The Attorney-General recognises that NICAAG membership requires a significant contribution of time. Accordingly, a daily sitting fee is paid to members, and the Department meets the travel costs for members to attend meetings.

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

For further information please call (02) 6141 3217 or email nicaag@ag.gov.au.

Interim Suspension of the Ethiopia–Australia Program – November 2009

The Attorney-General, the Hon Robert McClelland MP, has decided that the Ethiopia–Australia program should be suspended because of concerns that Australia can no longer conduct intercountry adoptions in Ethiopia in a manner consistent with its obligations under the Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption.

Australia is committed to ensuring that all our intercountry adoption programs comply with the principles of the Hague Convention. This is the case whether or not the partner country is a signatory to the Convention.

Adoptive families should note that the Attorney-General’s Department is not aware of any allegations of child trafficking in the Ethiopia–Australia program. There is no suggestion of illegal practices in relation to any adoptions previously finalised between Ethiopia and Australia.

The program will be suspended pending the finalisation of a formal review which is expected to be completed by the end of 2009. The review will assess the viability of the program and its compliance with the principles of the Hague Convention. A decision about the future of the program will then be made.

Activity during the interim suspension will be restricted to those children already referred to the Australia program. This will ensure that no children will be disadvantaged by the arrangements. The following cases will be progressed:

  • cases where prospective adoptive parents have already been allocated a child from Ethiopia, and
  • cases where a child has already been referred to the program and the child can be matched with a family approved to adopt from Ethiopia. Children who have already been referred to the program will be matched in the usual way with the most appropriate adoptive family in accordance with the Matching Guidelines.  In these cases, it is likely to be a number of months before applicants are advised whether they are allocated such a child.

No new children will be accepted by the program during the suspension. Applicant files currently waiting in Ethiopia to be allocated will remain there until a decision about the future of the program is made.

A key reason for the suspension is a new requirement of the Ethiopian Government that the program enter into a formal agreement to provide community development assistance. The Australian program has previously been exempt from the requirement to provide financial/material assistance because of its unique Government-to-Government arrangement.  We have recently been advised that this exemption can no longer continue. The review is considering whether implementation of the new arrangements is consistent with Australia’s obligations under the Hague Convention.

The Attorney-General considers it is not possible for the program to continue accepting new referrals of children into the program until a full review of the program is completed.

Australia values its bilateral relationship with Ethiopia and looks forward to working closely with the Ethiopian Government during the review to ensure that the best interests of children are met.

We understand that many families who are waiting to adopt a child from Ethiopia will be distressed by the decision to suspend the program. However, it is important that we have confidence that children are in need of an overseas family and that no improper financial gains arise from the process.

Further information and updates about the program will be made available in due course.

National Intercountry Adoption Advisory Group 2010 meeting dates – 17 November 2009

The dates for 2010 National Intercountry Adoption Advisory Group meetings have now been confirmed.  Meetings will be held on the following dates:

4–5 March 2010 (Melbourne)
10–11 June 2010 (Canberra)
2–3 December 2010 (Canberra) (to be confirmed)

Safeguarding Australia’s Intercountry Adoption Programs

Australian Central Authorities are committed to maintaining strong procedural safeguards, ensuring the integrity of the system, and preventing the exploitation of children.

This Department works with the State and Territory authorities on an ongoing basis to review each of Australia’s intercountry adoption programs consistent with the Intercountry Adoption Strategic Plan. We are also working more closely with like-minded countries to encourage greater dialogue on issues related to child trafficking in the context of intercountry adoption.

We are developing a protocol to provide information and assistance to families and adoptees where allegations or concerns about child trafficking in intercountry adoption arise. Once finalised, the protocol will be available on this website. In the meantime, should families or adoptees have concerns regarding the circumstances of a current or past adoption, please contact your State or Territory authority in the first instance.

Credible concerns about the operation of a program can also be raised with this Department at <intercountry.adoption@ag.gov.au> as part of its program management functions. Depending on the nature of the concern, identifying details may be required for us to make appropriate enquiries.

Expatriate Adoption - Introduction of Criminal History Checks - September 2009

The Department of Immigration and Citizenship has advised that, from 16 September 2009, Australian citizen or permanent resident sponsors of child visas or partner visas involving a minor will be required to provide a criminal history check. This will apply to expatriate adoptions and foreign spouses with children. This requirement does not apply to intercountry adoption cases facilitated by State and Territory governments, as applicants are already subject to background checks as part of the adoption process. These changes aim to protect children from being sponsored for a child or partner visa by a child sex offender.

The sponsor must apply to the Australian Federal Police for a criminal record check at their own cost and submit the results with their migration application.

For further information, please refer to the Department of Immigration and Citizenship 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.