Adoption by Australian citizens

 

From 28 August 2024 China ceased intercountry adoptions in all cases except where it relates to a stepchild or the child of a relative. For more information contact China’s Ministry of Civil Affairs.

Intercountry Adoption Australia provides information about adoption processes.

For stepparents or relatives undertaking an adoption, the following information may be of use:

 

The first step when thinking about intercountry adoption is to visit Intercountry Adoption Australia, created by the Australian Government to help guide parents wanting to adopt a child from overseas. Intercountry Adoption Australia can connect you to a variety of resources and services and is a central point of contact for people at all stages of the intercountry adoption process. You can contact Intercountry Adoption Australia by filling in the contact form on their website. Your state or territory government is the main provider of adoption support and advice.

 

You can find the contact details for the relevant office at Intercountry Adoption Australia. They also provide contact details to privately or personally operated organisations that offer support to adoptees and people who have adopted from overseas.

Australians resident in China

The Australian Government strongly warns Australians against trying to arrange domestic or private adoptions through an overseas country. You should contact the central authority in your state or territory before going ahead with any application to an overseas authority.

Expatriate adoptions occur when an Australian citizen or permanent resident living abroad for 12 months or more adopts a child through an overseas agency or government authority. For these adoptions to be recognised in Australia, you must prove that you were not living overseas to bypass the legal requirements for the entry of your adopted child into Australia, and that you have lawfully acquired full parental rights of the adopted child.

The Department of Home Affairs may not grant a visa to a child who does not meet the requirements set out in the Migration Regulation 1994 (Cth), even if the adoption has already occurred and is lawful in China. As there are risks for both the child and the adoptive parents in this process, before you proceed with an expatriate adoption, it is recommended that you seek independent legal advice both in Australia and in China (or the child\'s country of usual residence).

The overseas authority for adoptions in China is the China Centre for Children’s Welfare and Adoption.

Bringing adopted children back to Australia

Once you have completed all the required steps with the Chinese Government to finalise the adoption of your child, you can then begin the processes with the Australian Government to return home. While you are in China you may either apply for an adoption visa for your child, or apply for citizenship and an Australian passport for your child. The Department of Home Affairs has further visa and citizenship information for parents adopting a child from outside Australia.

Citizenship and Adoption Visas

Australian visas and citizenship applications are handled by the Department of Home Affairs.