Parental leave for intercountry adoptive parents
If you are the adoptive parent of a child under 16 years of age, under the National Employment Standards and Paid Parental Leave Act 2010, you may be able to get:
You may also wish to consult your employment contract or enterprise agreement for information on your personal entitlements to paid leave.
Eligibility
You may be eligible for parental leave if you have an adoption compliance certificate or adoption order for an adoption that took place through a regulated intercountry adoption program, which included the direct involvement of an Australian state or territory central authority.
If you are unsure whether you have been issued an adoption compliance certificate or adoption order through a regulated program, please contact your state or territory central authority.
Adoption compliance certificates under the Hague Convention
An adoption compliance certificate is issued by a child’s country of origin, in the instance of a full adoption* , confirming that the adoption is made under the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, 29 May 1993 (Hague Convention).
When an adoption is made through a regulated intercountry adoption program, and the child’s country of origin is a signatory to the Hague Convention, the competent authority of the country of origin will issue an adoption compliance certificate per Article 23 of the Hague Convention.
Adoption orders under Bilateral Arrangements
Countries that are not signatory to the Hague Convention do not grant adoption compliance certificates, but instead grant “adoption orders”.
Australia has established Bilateral Arrangements with partner countries that are not signatory to the Hague Convention. Currently, this only applies to Australia’s regulated intercountry adoption program with Taiwan. Bilateral Arrangements ensure the obligations of the Hague Convention are met, without both parties needing to be signatories, and are therefore still considered regulated intercountry adoption programs.
Bilateral Arrangements are underpinned by the Family Law (Bilateral Arrangements – Intercountry Adoption) Regulations 2023. These Regulations ensure adoption orders issued by Taiwanese courts meet the criteria of an adoption compliance certificate. As a result, adoption orders have the same effect as adoption compliance certificates in this case.
Republic of Korea (South Korea)
On 1 October 2025, the Republic of Korea (ROK) ratified the Hague Convention. Intercountry adoptions from ROK from this point will result in the provision of an adoption compliance certificate.
Prior to this, intercountry adoptions from the ROK were facilitated via a bilateral arrangement and underpinned by the Family Law (Bilateral Arrangements – Intercountry Adoption) Regulations 2023 (as detailed above).
Relevant legislative instruments
* Definitions for full and simple adoptions are available in the Hague Convention Guide to Good Practice: Guide No 1, page 121.