Expatriate adoption
Certain rules apply to expatriates when adopting a child from overseas.
About expatriate adoption
An expatriate adoption is when an Australian citizen or permanent resident living overseas for 12 months or more adopts a child through an agency or government authority in the child’s home country.
Australian adoption authorities are not responsible for expatriate adoptions. They do not assess or approve applicants.
Australian authorities only get involved when an expatriate wants to return to Australia with an adopted child. The Department of Home Affairs assess whether the child meets immigration requirements for an Adoption visa.
It is important to consider the risks if you are looking to adopt as an expatriate. There are higher risks of illicit or illegal adoption practices. This is because expatriate adoptions are not subject to the same safeguards as adoptions under the Hague Convention.
National Practice Agreement
The Expatriate Adoption Working Group (Working Group) agreed on the Expatriate Adoption National Practice Agreement (NPA) in June 2024.
The Working Group is made up of:
- State and Territory Central Authorities
- government agencies, including the Departments of Home Affairs and Foreign Affairs and Trade.
The NPA sets out measures to reduce the risks associated with expatriate adoptions. It aims to ensure an expatriate adoption is in the best interest of the child, so children are protected, in line with their basic rights under the United Nations Convention on the Rights of the Child.
The Working Group developed a factsheet to explain the NPA. It provides information to prospective adoptive parents about:
- Australia’s involvement in expatriate adoptions
- the risks involved in adoptions not arranged through Australian authorities
- the risks of illicit or illegal adoption practices
- legal considerations
- additional resources
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