Adopting a child from overseas is known as an intercountry adoption. There are partner countries with Australia who assist in facilitating overseas adoptions under the Hague Convention, which aims to protect children from trafficking, and illegal and ill-prepared adoptions. It remains a foremost principle that the adoption of a child from overseas must be in the child’s best interests. Adoptions must also be approved by your state and territory central authority.
Currently, Australians can adopt within the following partner countries:
Bulgaria
Chile
China
Colombia
Hong Kong
India
Latvia
Poland
South Africa
South Korea
Sri Lanka
Taiwan
Thailand
You must meet the eligible criteria of the state or territory you live in, together with the eligibility criteria of your chosen partner country. This includes whether you are married or single, same-sex, de facto and in some countries, whether you are male or female (as a single).
Other considerations are the ages of the children and the difference in age between you as the adoptor and the child and your mental and physical health. There are fees associated with intercountry adoption which vary from country to country. This can include program fees, translation fees, travel and accommodation and incidentals.
The adoption of a child or young person from overseas is recognised provided:
The adoption is granted by the central authority of the convention country (the country from where the child is being adopted);
Arrangements for the adoption of the child or young person have been made by the director-general or a private adoption agency; and
An adoption compliance certificate issued in the convention country is in force for the adoption.
Having this recognition means that the legal relationship between the child or young person and the pre-adopted parents or legal guardians is now terminated provided the law of the convention country provides that. If the convention country declares that it does not recognise the adoption, it has no effect on the law of the state or territory in which you live. Should they not recognise the termination, you may be able to apply to the court to terminate the relationship between the child or young person and the pre-adoption parents or guardians.
It is dependent on the country as to who finalises the adoption order, whether it be in the country of birth or Australia. Should it be Australia, the adoption order will need to be finalised in an Australian court after your child arrives in Australia. If the above has been complied with, your child will be eligible to become an Australian citizen. You may also be able to register your adopted child’s birth through your local Registry of Births, Deaths and Marriages and then apply for the birth certificate.
If you or someone you know is considering overseas adoption, it is important to seek support and advice from those best qualified to help you. Robinson + McGuinness is available to assist you with your family law matters, including adoption matters.
If you would like advice in relation to your family law matter, contact our office at (02) 6225 7040 or by email at info@rmfamilylaw.com.au or get started now online to make an appointment with one of our experienced family lawyers.