The Intercountry Adoption Process
Legislation in each State and Territory governs intercountry adoption matters. The intercountry adoption process used in each State and Territory is similar, but not identical. Differences in process and requirements may also occur in each overseas country that Australia has a program with. Please contact your State or Territory authority for specific process information.
A general summary of the process is as follows:
- initial contact
- education seminars and formal application
- adoption Assessment
- decision regarding the approval of an application
- preparation and forwarding of adoption application overseas
- waiting period
- placement proposal (the matching of a child with a family) issued by the overseas authority
- immigration application process
- travel to meet the child
- post-placement support, and
- finalisation of the adoption (where required).
Please note that the timeframes for adopting a child vary for a range of reasons and are subject to change. Prospective adoptive parents should be aware that the process can take a number of years.
1. Initial contact
Prospective adoptive parents make initial contact with their State or Territory authority by email, telephone or via their website. Initial information is available electronically or by post. Some States or Territories may require the lodgement of an expression of interest form and/or attendance at initial information sessions.
2. Education seminars and formal application
State and Territory authorities provide detailed education seminars in order to provide prospective adoptive parents with a range of information regarding intercountry adoption. Issues covered include the specific needs of adopted children, bonding and attachment and country program information. Formal adoption applications require a range of detailed information to be provided by prospective adoptive parents.
3. Adoption assessment
Detailed information on the assessment process, requirements and criteria are available from each State and Territory authority.
An adoption assessment considers a family’s suitability to parent an adopted child and to meet the child’s specific needs. Assessments usually involve a number of interviews with an adoption assessor (a social worker or psychologist), culminating in the assessor completing a report. Adoption assessments consider a variety of elements relevant to the parenting of an adopted child, including: parenting capacity, physical and psychological health, motivations and expectations, current and past relationships, and an understanding of and ability to meet the specific needs of adopted children.
The Australian Government Attorney-General’s Department supports a rigorous and transparent application and assessment process. These practices ensure that Australian families are appropriately prepared to parent children adopted from overseas.
4. Decision regarding the approval of an application
Each State and Territory is responsible for making the decision regarding the approval of adoption applications, based on the information prospective adoptive parents provide, and in accordance with the relevant legislation. State and Territory authorities have clear and transparent processes for decision-making.
5. Preparation and forwarding of adoption application overseas
Each overseas authority has specific requirements regarding the content of adoption applications (dossiers). Some countries use a quota system which limits the number of applications that can be sent by Australia to that country in any given year. This can create a waiting period before an application can be sent overseas. Where applicable, quotas are usually limited to those seeking to adopt younger children without special needs.
6. Waiting period
Waiting periods for applications between approval and a placement proposal (allocation) are influenced by a number of factors. These may include the number of children identified as being in need of intercountry adoption (by the overseas authority), the number of applications received by the overseas authority, and the resources of the overseas authority. These timeframes are outside Australia’s control.
7. Placement proposal
The overseas authority forwards the placement proposal, including social and medical information about the child to the State or Territory authority for approval. Once approved, the State or Territory authority will contact the prospective adoptive parents for their acceptance of the proposal. The amount of information included in placement proposals varies considerably amongst country programs and depends on the child’s individual circumstances.
8. Immigration application process
The ability of an adopted child to enter Australia depends on immigration requirements being met. The process followed may vary depending on the country involved. Prospective adoptive parents will usually commence the immigration application process prior to travelling to the overseas country. See the Immigration Requirements for Children Adopted Overseas page for more information.
9. Travel to meet the child
The timeframe between accepting a placement proposal and travelling to meet the child varies between countries. Travel arrangements should not be confirmed until advised to do so by the State or Territory authority. The amount of time families are required to spend in the overseas country also varies. These timeframes are determined by the overseas authorities.
10. Post-placement support
State and Territory authorities will provide support and supervision following placement. See the Post-Adoption Information page for more information.
It is recommended that all adoptive parents seek a full medical for their child, from an appropriately qualified and experienced doctor, as soon as possible after they return to Australia.
11. Finalisation of the adoption
Finalisation of an adoption refers to the legal process whereby the prospective adoptive parents become the legal parents of the child. The way in which an adoption is finalised depends on the process used in the country of origin and the procedures of the State or Territory.
Final adoption decision made in the country of origin
For some of Australia’s intercountry adoption programs, a final adoption order or decision is made in the country of origin. Where an adoption has been finalised in the country of origin, the adoption order may be recognised under Australian law. A period of post-placement supervision takes place after the child enters Australia.
Adoption order finalised in Australia
For some of Australia’s intercountry adoption programs, the adoption is not finalised in the country of origin. In these cases, the adoption needs to be finalised in line with appropriate State or Territory processes (usually in a State or Territory court) after the child arrives in Australia. This occurs after a period of post-placement supervision.
For children whose adoptions are not finalised in the country of origin, the Australian Government Minister for Immigration and Citizenship assumes guardianship of the child until the final adoption order is made. This guardianship is delegated to State and Territory authorities.