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Adoption in Australia


Adoption in Australia deals with the adoption process in the various parts of Australia, whereby a person assumes or acquires the permanent, legal status of parenthood in relation to a child under the age of 18 in place of the child's birth or biological parents. Australia classifies adoptions as local adoptions (placement within the country), and intercountry adoptions (adoption of children born overseas). Known child adoptions (adoption by relatives, stepparents or carers) are a form of local adoptions.

Adoptions in Australia are handled by state and territorial government agencies or approved adoption agencies. It is unlawful to arrange a private adoption, though foreign adoptions may be recognised. Government adoption agencies include Adoption Services in Queensland, Families SA in South Australia and the Department of Human Services in Victoria.

When an adoption is completed, the birth parents (also referred to as natural parents) no longer have any legal rights over the child. The adopted child becomes a full member of the adopting family, taking their surname and assuming the same rights and privileges as a birth child, including the right of inheritance. A new birth certificate is issued, in the case of local adoptions. The adopted child also has the same position as a birth child in relation to the extended family of the adopting parents, for example with laws prohibiting incestuous sexual relationships or prohibiting marriages.

Adoptions in Australia are regulated by legislation and regulations of each State and Territory, which govern all adoptions arranged in that State and Territory. As of 2015, the Northern Territory is undertaking parliamentary review of the Adoption of Children Act 1994.

The current State and Territory Adoption Acts are:

Australia is a party to the Hague Adoption Convention which came into force in Australia on 1 December 1998, and has been implemented by amendments to the Family Law Act 1975 and the passing of the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998. The Australian Citizenship Act 2007 simplified the process of obtaining Australian citizenship for children who were adopted overseas in accordance with the Hague Adoption Convention. Intercountry adoptions conform with the principles of the Convention.


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