Intercountry known non-relative adoption
How do I enquire to adopt a child I know from overseas?
Intercountry known non-relative child adoption refers to the adoption of a child who is known, but not related, to the prospective adoptive parent/s (PAP/s). Known non-relative child adoptions are only considered where there is a demonstrated substantial pre-existing relationship between the child and the PAP/s. These types of adoptions are only facilitated in exceptional circumstances.
If you are investigating the adoption of an unrelated child from overseas that you know, you first need to contact the relevant adoption authority in the country the child lives. This authority will conduct an assessment to ensure intercountry adoption is in the child’s best interests, and a report can then be provided to your local state and territory central authority (STCA).
In Australia, all intercountry adoptions, including known non-relative adoptions, must comply with the standards and principles of the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Convention). The Hague Convention is an international treaty that guards against illegal, irregular, premature or ill-prepared adoptions abroad and aims to ensure intercountry adoptions occur in the best interests of the child.
STCAs assess intercountry known non-relative adoption enquiries on a case-by-case basis, taking into consideration the child’s best interests; their ability to determine the overseas country’s compliance with the Hague Convention, any exceptional circumstances and what other care options have been investigated. Overseas known non-relative adoptions are only possible when there are no other placement options in the child’s country.
There will need to be evidence that the PAP/s have an established relationship with the child (for example you have previously cared for the child).
If an intercountry known non-relative adoption is in compliance with the Hague Convention and is supported by both the relevant adoption authority in the overseas country and the STCA an adoption may be facilitated.
Important things to note:
- Intercountry known non-relative adoption is not an option to formalise a private agreement between families.
- It is unlikely an adoption of a child by a non-relative living in Australia will occur if the child is living with a parent, grandparent, or other close relative in their country of origin.
- STCAs will not consider an adoption application, or commence processes, for a child who has not yet been born.
- STCAs will not engage with the relevant overseas authority until they have received confirmation the child is legally adoptable and in need of intercountry adoption.
- STCAs will not facilitate an intercountry known non-relative adoption unless compliance with the Hague Convention has been established.
- Individuals undertaking an intercountry known non-relative adoption will be required to meet the eligibility requirements set by the STCA, attend relevant information sessions, appointments, and training, and undergo a full intercountry adoption assessment.
Immigration details
Following an intercountry known non-relative adoption the adopted child can travel to Australia under adoption visa (subclass 102) so long as relevant eligibility criteria has been met.
If the adoption wasn’t arranged through an STCA, there’s a risk the child won’t meet Australian immigration requirements and therefore won’t be able to enter Australia.
Learn more about immigration, citizenship and passports.
Other options for overseas known non-relative adoptions
There are other pathways for children to come to Australia either temporarily or permanently.
You can explore visa options and learn about Child Migration to Australia on the Department of Home Affairs website.
You can get further advice about child migration from a registered migration agent. You can find a list at the Office of the Migration Agents Registration Authority.
It’s also possible for you to care for a child from overseas through guardianship or permanent care arrangements. You are encouraged to seek independent legal advice to determine if this pathway is possible in your circumstances.
Compliance with the Hague Convention
All adoptions to Australia need to comply with the Hague Convention to protect children and their families from trafficking, and illegal and ill-prepared adoptions.