How does adoption work?

What is adoption?

Adoption is a legal process that permanently transfers all the legal rights and responsibilities of being a parent from the child’s birth parents (their biological parents) to the adoptive parents.

There are 2 types of adoption in Australia.

• Intercountry adoption is when a child is adopted from an overseas country and brought to live in Australia.
• Domestic adoption is when the child adopted was born or permanently living in Australia. This includes local adoption and known-child adoption.

Australia practices open adoptions for both intercountry and domestic adoptions. This means that adopted children grow up knowing that they have been adopted. If possible, it also allows the adopted child to know about their birth family and cultural heritage.

What is domestic adoption?

This is when the child to be adopted was born or is permanently living in Australia. The adoptive parent may already know the child. For example, the child could be a stepchild, other relative, or the adoptive parent may already be a foster carer. Alternately, they may have no previous contact or relationship with the child.

What is intercountry adoption?

Intercountry adoption is when a child is adopted from an overseas country and brought to Australia to live. The child and the adoptive parents do not know each other before the adoption.

Depending on the arrangement between Australia and the partner country, these adoptions are known as either Hague or bilateral adoptions.

Hague adoptions are adoptions from countries that are party to the Hague Convention.

Bilateral adoptions are adoptions from countries that Australia has arrangements with, but are not party to the Hague Convention

The Australian Government Department of Social Services (DSS) help arrange intercountry adoptions with the child’s country of birth. Each state and territory’s government department also takes responsibility for the adoption process. They are known as State and Territory Central Authorities (STCA). Their responsibilities include:

• managing and assessing adoption applications
• preparing and supporting families through the intercountry adoption process
• providing advice and assistance regarding overseas requirements
• monitoring progress of applications
• providing support and supervision after the adoption process

For intercountry adoption, you must first be approved to adopt by your STCA. Then, your application will be sent to your nominated overseas country for their approval.

If your application is approved by the overseas country and they find a child for you, they'll send you a document with details about the child for your to consider. This is called a placement proposal.

If you accept the placement proposal, you will then need to start an Australian immigration process for the child. After you organise an Australian visa for the child, you will need to travel to the overseas country to collect your child and complete the adoption there.

If the birth country finalises the adoption, it might be recognised under Australian law. If not, you'll need to finalise the adoption in an Australian court after bringing your child to Australia.

It can often be a long process for people wanting to adopt from overseas.

What is the legal process for adoption?

An adoption order is required for adoption to be legally recognised.

An adoption order is a legal document that transfers all parental rights and responsibilities from the birth parents to the adoptive parents. Any legal rights that the child has in relation to their birth parents, such as inheritance, are removed. The child may also receive a new birth certificate recording the adoptive parent/s' names, as well as the child’s new name, if it was changed.

In local adoption, children may be placed with their adoptive family before or after an adoption order is finalised. For intercountry adoption, ‘placement’ occurs when the child enters Australia.

Each Australian state and territory has its own legal requirements for adoption. The specific STCA where you live will manage your application and adoption process.

Am I eligible to adopt?

To adopt a child, you must meet the requirements set out by the Australian state or territory where the application is being lodged. This may cover:

• if you are an Australian citizen
• your age
• if you live in the same state as the child you want to adopt
• if you are pregnant
• how long you have been in a relationship, if you are looking to adopt as a couple

You may also need:

• criminal, violence, traffic and child protection history checks
• checks concerning your health
• interviews with you, your family and other adult household members

Can I adopt if I am single or in a same-sex marriage?

There are restrictions for single people wanting to adopt. The circumstances differ between each state and territory.

Most single people applicants are only accepted under special circumstances. This may include if the single applicant has a special skill set needed to parent the child, for example, if the child has special needs, or if the child is already known to you.

Some intercountry programs allow applications by single people. However, many programs need potential adoptive parents to have been married for a set period.

All states and territories in Australia permit same-sex couples to adopt a child.

Contact your local STCA to discuss their eligibility criteria.

How long does adoption take?

In South Australia, adopting a locally-born child may take up to 2 years.

In 2020 - 2021, the median time for an intercountry adoption was 3 years and 4 months. This is from when an adoptive parent was approved by an Australian state or territory to when the child was placed.

As each state and territory have its own adoption process, you will need to contact your local STCA to discuss their adoption process.

What if I have other children already?

You can adopt even if you already have children. Each state and territory have its own eligibility criteria and adoption process. You will need to contact your local STCA to discuss their requirements.

If your family already includes children, you may have additional considerations when thinking about adoption. It may be difficult for your current child or children to adjust to this change.

There may be potential problems such as:

• parents feeling closer to their birth child
• if the adopted child feels that you have a closer relationship with your biological child
• your biological child may struggle with your new focus on the adoption process and the adopted child

Tips on how to approach adoption when you have other children:

• Think about what you will tell your children and when.
• You may want to wait until you know you are eligible and have spent time researching the process.
• Learn about what to expect when adopting a child into a family that already has a child or children.
• Gently explore your child's thoughts and feelings about adoption.
• Consider involving them in the process. Carefully manage their expectations to avoid causing them stress and disappointment.
• If you are adopting a child from overseas, talk to your kids about how our family will embrace the adopted child’s culture.

Is there any financial help available to me if I adopt?

You may be eligible for a range of government payments after adopting a child.

Check with Services Australia about any other criteria you need to meet.

Resources and support

To find out more about adoption in your state or territory, contact your local government agencies:

• Australian Government — Intercountry Adoption Australia
• New South Wales — Department of Communities and Justice
• Victoria — Department of Justice, Community and Safety
• Queensland — Department of Child safety, Seniors and Disability Services
• Western Australia — Department of Communities
• South Australia — Department for Child Protection
• Tasmania — Department for Education, Children and Young People
• Australian Capital Territory — Child and Youth Protection Services
• Northern Territory — Department of Territory Families, Housing and Communities

Intercountry Adoption Australia provide a list of counselling and therapeutic services by state.

Relationships Australia provide support and information to assist with challenges related to intercountry adoption.

Looking for information for Aboriginal and/or Torres Strait Islander people?

Contact My Forever Family NSW to help Aboriginal and/or Torres Strait Islander children and young peoples who need kinship, foster care, emergency or part-time care.

Looking for information for sexually and gender-diverse families?

The Government of South Australia have information for LGBTIQA+ couples wanting to adopt or become foster carers.