Intercountry adoption legislation

About intercountry adoption legislation 

Intercountry adoption in Australia is governed by Commonwealth family and immigration legislation and specific state and territory laws.

The Family Law Act 1975(Opens in a new tab/window) and its regulations implement the Hague Convention. Australian states and territories also have similar laws relating to intercountry adoption.

Commonwealth laws

Family laws

• Family Law Act 1975(Opens in a new tab/window)
• Family Law (Hague Convention on Intercountry Adoption) Regulations 1998)(Opens in a new tab/window)
• Family Law (Bilateral Arrangements—Intercountry Adoption) Regulations 2023(Opens in a new tab/window)
• Family Law (Bilateral Arrangements—Intercountry Adoption) (Repeals and Consequential Amendments) Regulations 2023(Opens in a new tab/window)

Immigration laws

• Australian Citizenship Amendment (Intercountry Adoption) Act 2015(Opens in a new tab/window)
• Australian Citizenship Act 2007(Opens in a new tab/window)
• Immigration (Guardianship of Children) Act 1946(Opens in a new tab/window)
• Migration Act 1958(Opens in a new tab/window)
• Migration Regulations 1994(Opens in a new tab/window)

State and territory laws

State and territory laws also affect intercountry adoption. These laws are listed by state/territory below.