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Please note this page was last updated in September 2024.

Expatriate Adoption Fact Sheet

The Expatriate Adoption Working Group (Working Group) agreed on the Expatriate Adoption National Practice Agreement (NPA) in June 2024.

The Working Group is made up of:

The Working Group developed the Expatriate Adoption Factsheet to explain the NPA. It provides information to prospective adoptive parents about:

  • Australia’s involvement in expatriate adoptions
  • the risks involved in adoptions not arranged through Australian authorities
  • legal considerations
  • additional resources

The China Program

The Ministry of Civil Affairs of the People’s Republic of China has notified Australia that from 28 August 2024, China has ceased intercountry adoptions. Australian families will no longer be able to apply to adopt from China.

Humanitarian Crisis and Intercountry Adoption

In Australia, overseas adoptions are only facilitated if the principles and standards of the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Convention) are met.

The Hague Convention guards against illegal, irregular, premature or ill-prepared adoptions abroad and contains certain rules to ensure that adoptions take place in the best interests of children with respect for their fundamental rights. This includes the subsidiarity principle, which means that children should be raised by their birth family or extended family whenever possible. If that is not possible, other forms of permanent care in the child’s country of habitual residence should be considered first. Intercountry adoption is only considered after care options in the child’s country of habitual residence have been fully explored, and then only if it is in the child’s best interests.

Australia, along with UNICEF, United Nations High Commissioner for Refugees and the International Confederation of the Red Cross, in accordance with the Hague Convention, shares the view that intercountry adoption is problematic for children impacted by humanitarian crises and states of emergency.

Displaced children who are separated from their parents or relatives due to a humanitarian crisis cannot be assumed to be orphans or in need of adoption until the relevant authorities complete family tracing. Until such time, each separated child should be considered as still having living relatives or legal guardians and, therefore, not in need of adoption.

There are a range of ways you can offer support to children affected by a humanitarian crisis. Australians looking to provide support to people are encouraged to donate cash (not goods). The Australian Council for International Development has various appeals which directs funds to Australian NGOs responding to international emergencies. You can find further information on how to donate responsibly at Emergency Aid – ACFID.

Reactivation of the India-Australia intercountry adoption program

June 2024

Australia began the reactivation of the India-Australia intercountry adoption program using a careful, staged approach in April 2019.

During the initial phase, Australia’s two participating jurisdictions – Queensland (Qld) and Northern Territory (NT) – have been assessing a small number of people and forwarding files of suitable applicants to the Indian adoption authority for consideration and action.

On 26 June 2024 the NT suspended its participation in the program reactivation until further notice.

The remaining state and territory central authorities (STCAs) including the NT, will continue to monitor processes and be guided by key learnings before determining their future involvement.

This staged approach is allowing Australian federal, state and territory governments to closely monitor the initial cases and build an understanding of the new safeguards and standards introduced in India’s revised intercountry adoption program.

For the reactivation to operate as smoothly as possible, Australia must take the necessary time to complete all aspects of this important first stage.

For further information or to express interest in the India program, people living in Qld can contact the Qld central authority:

Residents of states and territories not involved in the initial phase of the reactivation may wish to subscribe to our mailing list below for updates.

The Philippines program

The Philippines program remains on hold. In 2018, the Philippines Government advised that they will not be accepting adoption applications from Australia. This also includes for the adoption of a relative or known child.

We are discussing options with the Philippines Government to resolve the program hold.

The South Korea program

South Korea has informed Australia that the South Korean Central Authority will not be accepting new applications from Australian prospective adoptive parents in 2024.

South Korea has advised that due to the decreasing number of children available for adoption and a change in government adoption policies, waiting times for prospective adoptive parents will be prolonged.

The Thailand program

The Thai Central Authority will not be accepting new applications from Australian prospective adoptive parents in 2024.
Applications may still be accepted for children with special needs.

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