Adoption in Australia - Intercountry Adoptions

Intercountry Adoptions

See also: Australian nationality law#Australian Citizenship by Adoption

Intercountry adoption in Australia first began in 1975 during the Vietnam War when 292 Vietnamese orphans were transported to Australia in 'Operation Babylift'. An average of 330 intercountry adoptions were finalised each year for the ten years between 1998 and 2008. The rate of children being adopted from China has increased faster than any other country from 0.3% in the 1999–2000 period to 30.9% in the 2006–07 period. In the 2007–2008 period, the majority of intercountry adoptions have come from, in descending order, China (63 children, 23.3%), South Korea (47 children, 17.4%), Philippines (41 children, 15.2%) and Ethiopia (35 children, 13.0%). As of August 2009, Australia has open programs with Bolivia, Chile, China, Colombia, Ethiopia, Fiji, Hong Kong, India, Lithuania, Philippines, South Korea, Sri Lanka, Taiwan, and Thailand. Countries with whom adoption programs have closed include Costa Rica, Guatemala, Mexico and Romania.

The Australian Government Attorney-General's Department has primary responsibility for developing and maintaining intercountry adoption arrangements with other countries. This responsibility is shared with the State and Territory authorities, which assess applications, facilitate adoptions, provide advice and assistance, and provide post-placement support and supervision. Applicants must meet the eligibility requirements set by the Australian State or Territory in which the application is being lodged. Each overseas country also has eligibility criteria that applicants must meet. Intercountry adoption can be a lengthy process, usually taking at least two years in Australia, requiring multiple assessments of the continued suitability of prospective parents.

Intercountry adoption practices comply with the principles of the Hague Convention on Intercountry Adoption, which came into force in Australia on 1 December 1998. It is implemented by the Family Law Act 1975 and the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998. The Australian Citizenship Act 2007 simplified the process of obtaining Australian citizenship for children who were adopted overseas in accordance with the Hague Convention.

• Family Law (Hague Convention on Intercountry Adoption) Regulations 1998
• Australian Citizenship Act 2007

In 2012 the Australian Government closed its adoption program with Ethiopia. It did so at a time when no Ethiopian children would be disadvantaged as no Ethiopian children were available for adoption by Australian parent(s).