Intercountry relative adoption
How do I enquire to adopt a child from overseas I’m related to?
Intercountry relative child adoption refers to the adoption of a child from an overseas country by a relative in Australia, creating a permanent parent/child relationship. A relative adoption will end the legal parent/child relationship between the child and their birth parent/s and alter the relationship with the birth family.
If you are investigating the adoption of a related child from overseas, you first need to contact the relevant 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 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 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.
Some STCAs also have requirements regarding how closely related, and known, you are to the child to meet the definition of a relative adoption.
If an intercountry relative adoption is in compliance with the Hague Convention and is supported by both the relative authority in the overseas country and your STCA, an adoption may be facilitated.
Important things to note:
- Intercountry relative adoption is not an option to formalise a private agreement between families.
- It is unlikely an adoption of a child by a 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 relative adoption unless compliance with the Hague Convention has been established.
- Individuals undertaking an intercountry 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 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 won’t be able to enter Australia.
Learn more about immigration, citizenship and passports.
Other options to overseas relative adoption
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 also 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.