Adopting from Australia

Hague Convention Information

Australia is party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Convention ). Therefore all inter-country adoptions in Australia must meet the requirements of the Convention.

Under the Hague Convention, Australia is a receiving country only and does not have an outgoing inter-country adoption program to place Australian children with families seeking to adopt from overseas.

For domestic and intercountry adoptions by prospective adoptive parents residing in Australia, each State and Territory is responsible for assessing and approving adoption applications in accordance with its particular legislation. Depending on the applicable State legislation, prospective adoptive parents must generally be resident in that State and at least one applicant should be either an Australian citizen or a permanent resident of Australia to be eligible to adopt.

Therefore, adoptions of Australian children by citizens of the United States residing outside Australia and/or who do not hold Australian citizenship or permanent residency are not permitted.

Who Can Adopt

Each State and Territory in Australia has its own legislation relating to domestic and intercountry adoption by residents of Australia. The legislation is generally referred to as the State's 'Adoption Act' and is supported by regulations which govern the process of adoption in that particular State or Territory.

Prospective adoptive parents residing in Australia and seeking to adopt children domestically or from overseas must meet the legislative requirements of the relevant State or Territory in order to be eligible for adoption.

Specific State or Territory adoption legislation and regulations can be obtained from the website of the relevant State or Territory adoption authorities ('State and Territory Central Authorities') (listed at the end of this flyer in the Contact Information section).

Residency

Australian residency requirements are dependent on the State or Territory in which the prospective adoptive parents reside. Generally, to be eligible to adopt, at least one of the prospective applicants must be an Australian citizen or a permanent resident of Australia. Information about residency in Australia may be obtained from the Australian Embassy in Washington, DC, from any Australian Embassy or Consulate, or from the website of the Department of Immigration and Citizenship at the [Department of Immigration and Citizenship http://www.immi.gov.au].

Age of Adopting Parents

Varies depending on the relevant State or Territory. Prospective adoptive parents must generally be at least 18 years of age.

Marriage

Varies depending on the relevant State or Territory. Generally married couples, de-facto couples, and single persons are able to adopt .

Income

Criteria used to assess suitability to adopt vary depending on the relevant State or Territory. Prospective adoptive parents' income may be relevant to determining their suitability to adopt in some States and Territories.

Other

Other eligibility requirements (for example, the health of prospective adoptive parents) are applicable depending on the requirements of the relevant State or Territory. Information about State specific eligibility requirements is available from the website of the relevant State Central Authority (listed at the end of this flyer in the Contact Information section).

Who Can Be Adopted

Australia is party to the Hague Convention, but is a receiving country only and does not have an outgoing inter-country adoption program.

Requirements vary depending upon the relevant State or Territory. Generally the child must be under 18 years old and unmarried. Adoption should only occur if there are no other alternatives available for the child to remain with their family of origin. The welfare and the interests of the child are regarded as the paramount consideration at all times. Information about State specific eligibility requirements is available from the website of the relevant State or Territory Central Authority.

After Adoption

SOURCE

Intercountry Adoption, Bureau of Consular Affairs. U.S. Department of State Country Information