Adopting a child from overseas is called ‘intercountry’ adoption. In recent years about 30 children have been placed from an overseas country with adoptive families in Western Australia. It has declined to 21 in the most recent year.
Adoption is different to parenting a biological child
Adoption is different to parenting a biological child and raises many issues that most parents and children do not have to consider. Above all, parents will need to encourage openness towards the child about their adoption and support them to understand the reasons for being relinquished and their complete history. Adoptive parents need to keep their child connected with their origins and honour the circumstances under which a child was relinquished.
Cultural identity for the adopted child
Adopting a child from another country raises additional issues related to the cultural dislocation and the need for the adoptive parents to maintain cultural continuity for the child.
The Department for Child Protection, through its Adoption Service, is the only agency in Western Australia allowed to arrange the adoption of children from overseas. It is illegal to make contact with overseas countries with a view to arranging an adoption. Adoption Service handles all contacts with overseas countries regarding adoptions.
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Australia has signed the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption. This is an International Legal Convention and forms part of the Adoption law in Western Australia.
What is the Hague Convention
The Convention sets out agreed minimum standards and procedures to regulate adoption of children between countries and to prevent the stealing and selling of children. It guards against children being made available for adoption without proper consents from birth parents and to minimise the likelihood of birth parents being persuaded by payment to relinquish their child.
The countries Australia can adopt from
Western Australians can adopt locally born children or children from other countries with whom Western Australia has an agreement.
Countries available to Western Australia include China, Ethiopia, Hong Kong, India, Philippines, Sri Lanka, Taiwan and Thailand. South Korea is not accepting files.
Adoption Service can give you information on these countries.
See the different country guides listed on the right hand of this page.
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There are many more people wanting to adopt a baby or young child than there are overseas children legally available for adoption.
Although there are many children around the world living in institutions and in foster care, most are not legally available for adoption.
The ethics of intercountry adoption
It is unethical for a receiving country such as Western Australia to put pressure on a sending country for additional children. Receiving countries must not contribute to ‘creating a market’ that encourages child trafficking. It is very important for adoptions between countries to be well regulated and arranged through approved regulatory bodies.
The majority of Western Australian applicants approved to adopt a child are waiting for a baby or young child from another country.
The number of children adopted from overseas each year depends on the countries offering children for adoption.
Many countries do not want to place their children overseas, preferring local adoption. Some have made a commitment to reduce the number of children they make available for adoption overseas.
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Children who need adoptive families generally have complex backgrounds. Their early lives may have been a mixture of family, institution and foster care. Some are healthy babies. For many children their background is not well known and poverty and deprivation are common. The Adoption Service will give you as much information about a child’s health and background as possible.
How much information is available on the child's background
The quality of information varies depending on the country and circumstances under which the child was relinquished. Sometimes there is little information.
Adoption Service will provide you with the information they have and will recommend that you seek independent medical advice if a child has a medical condition. Prospective adoptive parents are given the opportunity to consider this information before accepting the child.
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Rules and regulations about intercountry adoptions change often. You can find a lot of information on the internet, but this may not be reliable.
It is best to seek information and advice from the Department for Child Protection's Adoption Service.
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To adopt a child you must be approved as suitable to adopt. See Adopting a child — the next steps for more information.
In addition to the Western Australian laws on adoption, each country has their own laws and standards. The adoption authority in the country you have chosen will decide whether or not they will accept you as a suitable applicant. A ‘homestudy’ file is prepared by the applicant, with assistance from the Adoption Service. If the country accepts your homestudy , they will consider you, alongside other applicants from different countries, when matching a child to a family. Most countries generally apply a chronological approach to the allocation of children. Within this they match the care needs of the child with your attributes.
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Can I adopt a relative orphan from overseas?
The adoption legislation in Western Australia does not allow for adoption of relatives. However, if you wish to care for a relative orphan from overseas, you can apply to the Department of Immigration and Citizenship for child migration under the "Orphan Relative" category. See the DIMIA link on the right of this page.