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INTERCOUNTRY ADOPTION


AUSTRALIA

Disclaimer: The following is intended as a very general guide to assist U.S. citizens who plan to adopt a child from a foreign country and apply for an immigrant visa for the child to come to the United States. Two sets of laws are particularly relevant: 1) the laws of the child’s country of birth govern all activity in that country including the adoptability of individual children as well as the adoption of children in country in general; and 2) U.S. Federal immigration law governs the immigration of the child to the United States.


The information in this flyer relating to the legal requirements of specific foreign countries is based on public sources and our current understanding. It does not necessarily reflect the actual state of the laws of a child’s country of birth and is provided for general information only. Moreover, U.S. immigration law, including regulations and interpretation, changes from time to time. This flyer reflects our current understanding of the law as of this date and is not legally authoritative. Questions involving foreign and U.S. immigration laws and legal interpretation should be addressed respectively to qualified foreign or U.S. legal counsel.

Important Information

Australia ratified the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption on 25 August 1998 and the Convention entered into force on 1 December 1998. To learn more about this Convention click on the following link http://www.travel.state.gov/family/adoption/convention/convention_462.html

Australia is generally a “Receiving Country” under the Hague Convention. There are only a small number of children needing an adoptive placement in Australia each year and these children can be placed within the country. While there are a number of children in care, Australia is also able to place these children with permanent families either through adoption or a permanent care order within Australia, when a decision is made that these children can no longer reside with their birth family.

Australia is a Federation with six states and two self-governing territories. The Commonwealth Central Authority for the Convention is the Commonwealth Attorney General’s Department. Under the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998, the Commonwealth Central Authority is responsible for:

  • Cooperating with Central Authorities outside Australia on matters relating to the administration and implementation of the Convention;
  • Consulting with State and Territory Central Authorities to get information on whether Australia is meeting its obligations under the Convention;
  • Drafting federal legislation to ensure Australia meets its commitments under the Convention if the legislation in the States and Territories does not meet the criteria of the Convention;
  • Take appropriate measures to ensure compliance with the Convention in the event of a breach in consultation with the State and Territory Central Authorities; and
  • Consulting with State and Territory Central Authorities on matters relating to intercountry adoption.

The Commonwealth Central Authority can be contacted at :

Attorney-General's Department
Robert Garran Offices
National Circuit
BARTON ACT 2600
Tel: 61-2-6250 6666
Fax: 61-2-6250 5900
http://www.ag.gov.au/

Each State and Territory has a Central Authority responsible for:

  • Processing the day-to-day casework involved in a particular adoption;
  • Approving an application for the adoption of a child;
  • Giving consent to the adoption of a child;
  • Accrediting a body for the purposes of the Hague Convention; and
  • Revoking the accreditation of a body;
  • Recommending to the Commonwealth Central Authority the preparation of legislation to ensure that Australia meets its obligations under the Hague Convention;
  • Advising the Commonwealth Central Authority that:

    1. a provision of the Hague Convention has not been respected; or
    2. there is a serious risk that a provision of the Convention may not be respected

From: The Commonwealth-State Agreement for the Implementation of the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption

To access information about Australian adoption practice in relation to intercountry adoption please feel free to access the websites of the States/Territories Central Authorities on the links given below:

States:

New South Wales - NSW (NSW state government web portal)
Central Authority:
Adoption and Permanent Care Services, Department of Community Services
PO Box 3485, Parramatta, NSW 2124
Tel: 61-2-8855 4900
Fax: 61-2-8855 4999
email: intercountry@community.nsw.gov.au
http://www.community.nsw.gov.au/html/adoption/adoption.htm

Queensland - QLD (QLD state government web portal)
Central Authority:
Intercountry Adoption Unit, Department of Child Safety
GPO Box 806, Brisbane, QLD 4000
Tel: 61-7-3404 3112
Fax: 61-7-3224 8343
e-mail: Intercountryadopt@childsafety.qld.gov.au
http://www.childsafety.qld.gov.au/adoption/index.html

South Australia - SA (SA state government web portal)
Central Authority:
Adoption and Family Information Service, Department for Families and Communities
GPO Box 292, Adelaide SA 5001
Tel: 61-8-8207 0060
Fax: 61-8-8207 0066
e-mail: adoptions@dfc.sa.gov.au
http://www.adoptions.sa.gov.au/

Tasmania - TAS (TAS state government web portal)
Adoption and Information Service, Department of Health and Human Services
GPO Box 538, Hobart TAS 7001
Tel: 61-3-6222 7397
Fax: 61-3-6223 1343
e-mail: adoption.services@dhhs.tas.gov.au
http://www.dhhs.tas.gov.au/services/view.php?id=390

Victoria - VIC (VIC state government web portal)
Out of Home Care Services, Department of Human Services
GPO Box 4057, Melbourne VIC 3001
Tel: 61-3-9616 7137
Fax: 61-3-9616 7974
e-mail: helen.brain@dhs.vic.gov.au
http://hnb.dhs.vic.gov.au/commcare/ccdnav.nsf/childdocs/-1DC8483734FBB3D4CA256E180064E9E6-7B47F8BDED04146DCA256EB70017E005?open

Western Australia - WA (WA state government web portal)
Adoption Services, Department of Community Development
Tel: 61-8-9222 2871
Fax: 61-8-9222 2607
http://www.community.wa.gov.au/Resources/Adoption/

Territories:

Australian Capital Territory - ACT (ACT territory government web portal)
Adoptions Unit, Office for Children, Youth and Family Support, Disability, Housing and community Services
GPO Box 158, Canberra ACT 2601
Tel: 61-2-6207 1335
Fax: 61-2-6207 8888
e-mail: adoptions@act.gov.au
http://www.det.act.gov.au/

Northern Territory - NT
NT territory government web portal is http://www.nt.gov.au/
Central Authority Adoptions & Family Information Unit, Family and Children’s Services, Department of Health & Community Services
PO Box 40596, Darwin NT 0810
Tel: 61-8-8922 7046
Fax: 61-8-89227480
e-mail: adoptions.ths@nt.gov.au
http://www.nt.gov.au/health/comm_svs/facs/adoption.shtml

U.S. IMMIGRATION REQUIREMENTS

Prospective adopting parents are strongly encouraged to consult USCIS publication M-249, The Immigration of Adopted and Prospective Adopting Children , as well as the Department of State publication, International Adoptions. The USCIS publication is available at the USCIS Web site. The Department of State publication International Adoptions can be found on the U.S. Department of State, Bureau of Consular Affairs Web site, http://travel.state.gov, under “International Adoptions.”

Before completing an adoption abroad, adoptive parents are strongly encouraged to read the flyer the requirements for filing I-600 petitions for orphans adopted by U.S. citizens. Please see the flyer How Can Adopted Children Come to the United States at our Web site http://travel.state.gov/.

Note: Visa issuance after the final interview now generally takes 24 hours and it will not normally be possible to provide the visa to adoptive parents on the day of the interview .

ACQUIRING U.S. CITIZENSHIP: Under the Child Citizenship Act of 2000, which became effective on February 27, 2001, orphans adopted by U.S. citizens acquire U.S. citizenship automatically when all of the following requirements have been met:

  • at least one parent is a U.S. citizen;
  • the child is under 18 years of age;
  • there is a full and final adoption of the child; and,
  • the child is admitted to the United States as an immigrant.

A foreign–born adopted orphan who enters the United States on an Immediate Relative (IR) –3 visa and who meets the requirements listed above is a citizen upon admission. It is important that both parents (if married) or one parent if single have seen the child prior to or during the adoption in order to qualify for U.S. Certificate of Citizenship review.

A foreign-born orphan who enters the United States on an IR-4 visa and who will subsequently be adopted in a U.S. court is a Legal Permanent Resident upon admission. Once a final, legal adoption is granted in the state of residence, the child becomes a U.S. Citizen. For further information, please consult with the consular section at the U.S. Embassy or the nearest office of the U.S. Citizenship and Immigration Services. Additional information is available at: ../../childcitfaq.html or http://uscis.gov/graphics/index.htm.

AUSTRALIAN EMBASSY IN THE UNITED STATES:

The Embassy of Australia
1601 Massachusetts Avenue, NW
Washington, DC 20036
Tel: (202) 797-3000
Fax: (202) 797-3209

Australia also maintains Consulate Generals and Consulates in the following U.S. cities: Atlanta, Boston, Denver, Honolulu, Los Angeles, and San Francisco.

U.S. CONSULATE GENERAL - SYDNEY, AUSTRALIA:
Americans living or travelling abroad are encouraged to register with the nearest U.S. Embassy or Consulate through the State Department’s travel registration website, https://travelregistration.state.gov/, and to obtain updated information on travel and security within the country of travel. Americans without Internet access may register directly with the nearest U.S. Embassy or Consulate. By registering, American citizens make it easier for the Embassy or Consulate to contact them in case of emergency. The Consular Section is located at:

U.S. Consulate General
American Citizen Services
MLC Centre, 59th Floor
19-29 Martin Place
Sydney, NSW 2000
Tel: 61-2-9373-9200
Fax: 61-2-9373-9184

Note: Visa issuance after the final interview now generally takes 24 hours and it will not normally be possible to provide the visa to adoptive parents on the day of the interview.

ADDITIONAL INFORMATION: Specific questions about adoption in Australia may be addressed to the U.S. Embassy in Australia. General questions regarding international adoption may be addressed to the Office of Children’s Issues, U.S. Department of State, CA/OCS/CI, SA-29, 4 the Floor, 2201 C Street, NW, Washington, D.C. 20520-4818, toll-free Tel: 1-888-407-4747 .

Useful information is also available from several other sources:

  • Telephone:
  • Toll Free - For information on international adoption of children and international parental child abduction, call Overseas Citizens Services at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Standard Time, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444.
  • U.S. Department of State Visa Office - recorded information concerning immigrant visas for adopting children, (202) 663-1225.
  • U.S. Citizenship and Immigration Services - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).
  • Internet :
  • Adoption Information Flyers: The U.S. Department of State, Bureau of Consular Affairs web site at: http://travel.state.gov/ contains international country adoption information flyers like this one and the International Adoptions brochure.
  • Consular Information Sheets: The State Department has general information about hiring a foreign attorney and authenticating documents that may supplement the country-specific information provided in this flier. In addition, the State Department publishes Consular Information Sheets (CISes) for every country in the world, providing information such as location of the U.S. Embassy, health conditions, political situations, and crime reports. If the situation in a country poses a specific threat to the safety and security of American citizens that is not addressed in the CIS for that country, the State Department may issue a Public Announcement alerting U.S. citizens to local security situations. If conditions in a country are sufficiently serious, the State Department may issue a Travel Warning recommending that U.S. citizens avoid travelling to that country. These documents are available on the Internet at: http://travel.state.gov/ or by calling the State Department's Office of Overseas Citizen Services Toll Free at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444.
  • USCIS web site - http://uscis.gov/