Adoption in Malaysia

The difference between your situation and that of Americans is that international adoption involves two processes -- adoption and immigration. Adoption, whether for Americans or Australians, involves complying with the laws of a child's birth country -- in this case, Malaysia. Americans AND Australians can adopt if they comply with Malaysian laws regarding religion, residency, and so on. However, immigration is where the process differs for Americans and Australians. The parents' home country determines the conditions under which an adopted child may be immigrated. American immigration law is quite strict. There are many categories of visa, but only two that apply to internationally adopted children -- IR-3 and IR-4. These visas will be granted ONLY under certain conditions. As an example, under the U.S. Immigration and Nationality Act, the child must be an "eligible orphan", meaning that he/she has not been living with married birthparents or birthparents living together in a common law relationship. The prospective adoptive family must meet certain requirements, including the requirement that at least one parent must be a U.S. citizen. If a child does not qualify for an adoption visa, it is often possible to bring him/her home on a regular visa IF the parents live overseas with him/her for two years. There are other constraints that could apply as well. As an example, certain infectious diseases can result in denial of a visa, although an appeal for a waiver can be made under certain conditions. As an example, HIV is an excludable condition under U.S. law. However, some families have been able to immigrate HIV-positive babies under a waiver, because they have demonstrated the financial resources and insurance necessary to provide the child with the medical services that he/she is likely to require over the years, and the familiarity with the disease and its transmission to keep him/her from infecting other people. I assume that Australian immigration law is more liberal, and that you do not have to jump through any such hoops to bring a Malaysian child to Australia, or that you have no plans to move back to Australia any time soon. Sharon