What is Adoption ?
Adoption is the legal arrangement where a child has a new parent approved under the provisions of the Adoption Act 1994 and which is legitimized by an Adoption Order from the Family Court of Western Australia. Under the Adoption Act 1994, legal and social responsibilities for the child are moved to the new legal parent. Adoption cuts the legal ties with the birth family. Once adopted, a child takes the adoptive parents' surname and has the full rights and privileges, including inheritance.
A child is legally available for adoption when the birth parent has freely given informed consent or when the Family Court deems a child adoptable.
Who can arrange adoptions in Western Australia?
In Western Australia, only the Department for Child Protection can legally arrange adoptions. The Department’s Adoption Service works to the principle of the best interests of the child.
Tell me about Adoption Service and where is it?
Adoption Service is the specialist unit within the Department for Child Protection that is responsible for all adoption matters.
The unit is located on the ground floor of Central Office, 189 Royal Street East Perth. It has a staff of approximately 23 officers, some of whom are part-time. The Manager is Colin Keogh, and there are three team leaders. These are responsible for three areas, being the adoption of local children, the adoption of children from overseas and working with those who have been involved in an adoption in the past.
Telephone: (08) 9222 2555
Email: adoptions@dcp.wa.gov.au
Isn't adoption an outmoded concept?
Adoptions are still needed for some children. There may be fewer adoptions these days. Australia has a low rate of adoption. Research has shown children need to maintain a link with their biological parents even if they cannot live with them. Adoption is almost always a very difficult decision for a birth parent to make and many never stop thinking about the child they relinquished. Children who have been adopted often face identity issues. The older a child when adopted, the more problems they may encounter.
Infertility issues
People do not have to be infertile to adopt. There are increasing numbers of couples, and some individuals, who are faced with infertility who consider adoption.
Wanting to assist children
Some applicants also have the view that they are "saving" a child from poverty and low living standards if they adopt a child from a developing country. This view however does not address the issues of dislocation a child may feel, the judgemental and superior view that can be imposed and the concept that it may be better to assist the whole community than simply remove one child from it.
Adoption provisions enshrined in law, including the Family Court Act 1997 and the Registration of Births, Deaths and Marriages Act 1961.
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Who are the clients of Adoption Service?
Adoption Service deals with four main client groups;
a) first and foremost is the child . The child is the primary focus of the Adoption Act 1994 and this is reflected in the work of Adoption Service.
b) those considering relinquishing a child for adoption
c) those who have been involved in an adoption in the past and may require information or contact with other parties to the adoption and
d) those wishing to adopt a child
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Whose interests are paramount in an adoption?
The child's interests are always paramount. Adoption is a service for children who need to have a new family. It is not a service for those who wish to gain children or a family.
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What types of adoption are there?
1. Local placement adoptions which are adoptions of children born in Australia
2. Intercountry placement adoptions which are adoptions of children from countries other than Australia
3. Known child adoptions, which are adoptions of children, who have a preexisting relationship with the adoptive parent and who are generally not available for adoption by anyone other than the adoptive parent. This includes adoptions by stepparents and carers.
4. Adult adoptions can occur where the person aged over 18 years and who was in the care of the applicant for 3 years prior to achieving their majority.
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Are adoptions by relatives possible?
Relative adoptions are no longer possible under the 2003 Amendments to the Adoption Act 1994 . Family Court Orders better serve the day-to-day and long term care needs of children who are in the care of relatives, will still maintaining the legal link with their parents.
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Can I adopt a relative orphan from overseas?
Under the adoption legislation it is not possible to adopt a relative. However, if you wish to care for a relative orphan from overseas, you can apply to the Department of Immigration and Multicultural Affairs for child migration under the "Orphan Relative" category.
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Are Aboriginal children adopted?
Adoption, being the legal severing of family ties, is generally seen as not part of Aboriginal culture. The 2003 amendments to the Adoption Act 1994 included a principle relating to the placement for Aboriginal and Torres Strait Islander children. This aims to maintain a connection with family and children for these children if there is a need for adoption, and other alternatives must be explored before adoption is considered. However, the decision to relinquish a child is one for the birth parent to make without pressure.
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How long does it take to be approved to adopt?
Currently it takes about four years from making the first inquiry to being approved as suitable to adopt.
There is a waiting list of people interested in applying to adopt because there are many more people interested in adopting a child then there are children who require legal adoption.
How long will I have to wait after I am approved before a child will be placed with me?
This will vary considerably.
For a locally born child the birth parent(s) determine the kind of family they want for their child and are able to choose the family from a selection presented to them. For this reason a child could be placed with applicants soon after approval to adopt; it may take considerable time; or it may never happen.
For children born overseas there are many more approved adoptive parents than there are children to be placed for adoption. The particular country determines how many children it will place for overseas adoption and all of the relevant countries have long waiting lists. The waiting time differs between countries but for most countries it is likely to be at least two years after the homestudy file is sent.
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Will waiting times affect our eligibility to have a child placed with us for adoption?
They may do. The age criteria in both the overseas country and Western Australia will impact upon your application.
The Adoption Act 1994, stipulates that for a first adoption there should not be more than 45 years age difference between the younger applicant and the child and there should not be more than 50 years in age between the older applicant and the child. Most birth parents of locally born children and the authorities in overseas countries prefer adoptive parents under about 40 years.
For overseas adoption the application/approval process currently takes about four years with a further two years before an offer of a child. To be able to adopt a child under the age of two years, it is therefore advisable for the younger applicant to be no older than 38 years at the time of the first inquiry with Adoption Service and for the older applicant to be no older than 43 years.
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What happens when a birth parent indicates that they wish to relinquish their child for adoption?
It is essential to contact the Duty Officer at Adoption Service for information and the steps required. (In some cases there may be a role for District staff to undertake, particularly in the country)
Once notified, the Department must provide information about adoption to a birth parent within 7 days. Birth parent are free to make up their own minds about whether to relinquish their child or not. Heavy penalties exist for any coercion.
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Does the birth father have to give consent to the relinquishment of their child?
Yes and this is required even if the parents did not have a relationship. The only exceptions are where there is evidence that the conception was the result of an assault for which there has been a conviction or incest. The Family Court may allow for a dispensation of consent upon application if there is evidence that the father cannot be found or contacted.
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What happens to the child while the birth parents are deciding whether or not to consent to their child being adopted?
In most situations the child will be placed in pre-adoptive foster care. The Departmental foster carers exclusively care for pre-adoptive children and only care for the one child at a time, unless it is a multiple birth.
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What is open adoption?
Since the Act was changed in 1994 all adoptions in this state are 'open' which means that parties to an adoption are given information about those involved. Adoption Plans are negotiated between the parties and approved by the Family Court. Identifying information is now a right for all those involved in a new adoption and Adoption Plans often involve maintaining some level of contact between the birth parents and their child.
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How many adoptions are there each year?
The numbers vary but basically there are small numbers of local adoptions, as changing social and economic standards have meant that less children are relinquished now. In 2006/07 there were 8 adoptions of local children in this category.
In the same period there were 40 adoptions of children from overseas. There were 2 adoptions by long term carers, 8 by step parents and 7 adoptions of adults.
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What do people have to do to adopt a child?
After an initial inquiry people interested in adopting must attend a general information session. They then are required to attend two or three education sessions, depending on whether they are interested in intercountry or local adoption. After that they lodge an Expression of Interest. Once this is received they may be invited to lodge a formal application. Staff at Adoption Service ensure that Criminal Records and Departmental data base checks have been clear, and that applicants meet all the eligibility criteria.
A second stage in the application
The next stage is the formal assessment which is carried out by approved assessors. In some country areas, staff from the local District Office may undertake this role. The assessment is usually conducted through 6 or so interviews. The assessor presents a report to the Adoptions Application Committee, which is the formal body that determines approval. The Presiding Member is a senior Departmental officer and membership of the committee comprises 3 other Departmental staff and 4 independent members.
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What are the costs involved in adoption?
There is an application fee for all of $750 and those applying for an intercountry adoption pay an additional $986 for their assessment. The education seminars cost up to a maximum of $500. There are additional fees related to intercountry adoptions so that the total can range from $8,000 to $25,000. These additional amounts are not part of the fee charged by Adoption Service.
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What happens once a child is placed with an approved adoptive family? Is the adoption finalised at the time of placement?
No, the adoption is not finalised until at least six months after the child is placed with the adoptive family. During this time the child is under the guardianship of the Director General and the placement is supervised by officers from Adoption Service. In country areas, staff from the local Departmental office may be responsible for supervising the placement. A report on the placement is considered by the Western Australian Family Court in their determination of the Adoption Order.
The only exception to this are adoptions from China. These adoptions are finalized in China, although there is still supervision of the placement once the child and their new family return to Australia.
If the placement with any adoptive child has not been successful then there is a possibility that the child may be taken into regular Departmental care or come under the guardianship of the Director General. Local children are under the guardianship of the Director General until the adoption order is made.
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With adoptions from overseas, or intercountry, how do we know that the children have not been sold? What safeguards exist?
Adoption Service only deals with countries that have signed the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoptions or with whom we have other agreements to safeguard children.
There are a limited number of countries that have signed the agreements and that have children available for adoption. Many children in the developing world are not legally available for adoption, although they may be separated from their parents.
The demand for adoptable children by receiving countries who are signatories to the Hague Convention, such as Australia, is greater than the number of children sending countries can provide.
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What about surrogacy and adoption? Is it possible?
The Act sees no link between surrogacy and adoption. The principle behind surrogacy is to provide a child for those unable to have their own. The principle behind adoption is to provide a new family for a child who has been legally severed from their birth family.
There is currently no surrogacy legislation in this state and adoption cannot be used to legitimate a surrogate child.
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What about the adoption of Aboriginal and Torres Strait Islander children?
After careful consideration, some Aboriginal or Torres Strait Islander birth parents choose adoption as the best option for their child. Whilst the adoption legislation provides a guideline of placement options and the priority they should be given, like all other local adoptions the final decision about placement rests with the relinquishing birth parents.
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Parenting biological children is not always easy. What additional pressures might adoptive parents face and what can help to alleviate some of these?
Most adoptive children want to know about the reasons behind their adoption and face feelings of abandonment. and loss. This can be despite knowing that their adoptive parents love and care for them. For most children, as they reach late childhood and the teenage years, there are strong emotions and these can result in hurt and anger.
Giving full information to the adopted child
All adoptive children should be given information about their birth family and this should start as soon as the young child can begin to understand. If the birth parents have agreed to regular contact with their child, a relationship can be maintained which can be a protective factor for the child. Adoptive parents may need extra guidance and support to help them through difficult stages with their children.
Trying to maintain cultural links for children adopted from overseas
Children who are adopted from a different country and culture face the additional issues associated with this. Adoptive parents must attempt to maintain links with the birth family if at all possible and provide as much information about them and the culture as they can. It is the child's right to have this information.
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Are staff obliged to maintain confidentiality?
Yes.
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Are any non-government organisations working with people involved in adoption?
Yes there are a number of organisations who can provide information and support to those involved in adoption, although none are allowed to organise adoptions. The Department is the only organisation permitted to arrange adoptions.
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What services does Past Adoptions provide?
Past Adoptions Services provide a wide range of services to individuals who are affected by an adoption order. These services are provision of access to information, counselling, contact, mediation, maintaining a Contact Register, support and the provision of a Message Box service.
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Who contacts Past Adoptions Services?
Adoptees, adoptive parents, birth parents and other relatives. About 58% of requests for identifying information came from adoptees in 2005/06. The next biggest group to request this information was birth mothers at 11%. During that same year data shows that slightly more female than male adoptees requested information and 64% of these adoptees were aged between 25 and 44 when they requested information.
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Does Past Adoptions Services have a case management role?
Yes. Past Adoptions case manages and supports priority cases where multiple family members have registered, where there are medical concerns, vetoes or specific family needs.
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