Australian Government: Attorney-General's Department
Australian Government: Attorney-General's DepartmentAchieving a Just and Secure Society

Other Intercountry Adoption Information – Previous Statements

Appointment of representatives to the National Intercountry Adoption Advisory Group – July 2011

The Attorney-General has recently made appointments to the National Intercountry Adoption Advisory Group (NICAAG), effective from 5 July 2011. We are pleased to advise that Dr Patricia Fronek has been appointed as the new Professional representative and Ms Vicki Hyde as the new representative for South Australia. Dr Gary Banks (NSW), Ms Aileen Berry (Vic), Mr Stephen Finkel (Qld) and Mrs Sonya Mahoney (WA) have been reappointed to new terms. Dr Kate Alessia and Ms Anna Davison have been appointed as the alternate professional and adoptee representatives respectively. The appointees will bring a mix of skills and experience and will continue to provide expert and valuable advice on a range of intercountry adoption issues.

A list of all NICAAG members can be found on the National Intercountry Adoption Advisory Group page.

The alternative member position for Tasmania remains vacant. We will seek expressions of interest for this position in the near future.

We congratulate all members on their appointments and look forward to their contribution to NICAAG.

Snapshot of national intercountry adoption statistics 2010

The Department has compiled a snapshot of national intercountry adoption statistics for 2010. The snapshot comprises data collected on a six monthly basis from the State and Territory Central Authorities for the periods 1 January – 30 June 2010 and 1 July – 31 December 2010.

The statistics show for each intercountry adoption program the total number of:

  • approved intercountry adoption applications as at 31 December 2010 (including applications already sent and waiting overseas and applications approved but queued in Australia)
  • files sent overseas during 2010, and
  • placement proposals accepted during 2010.

The statistics show the number of approved applications (963) continues to exceed the number of accepted placement proposals (197). This is consistent with a worldwide trend of decreasing numbers of intercountry adoptions.

Snapshot of National Intercountry Adoption Statistics: 1 January 2010-31 December 2010

Country Program

Total number of approved applications at 31 December 2010

Number of files sent overseas in 2010

Total number of placement proposals accepted during 2010

Bolivia

3

2

2

Chile

6

0

2

China

379

11

64

Colombia

12

3

2

Ethiopia

133

0

10

Fiji

3

0

0

Hong Kong

36

13

6

India

37

15

7

Lithuania

9

0

1

Philippines

105

22

26

South Korea

33

26

26

Sri Lanka

5

0

0

Taiwan

58

21

31

Thailand

137

21

19

Ad Hoc

2

0

0

Other

5

0

0

Total

963

134

197

Further information about national statistics is available at Intercountry Adoption Statistics. The numbers for placement proposals may relate to more than one child (eg sibling groups).

Protocol for responding to allegations of child trafficking in Intercountry Adoption – June 2010

Australian Central Authorities (ACA) are committed to maintaining strong procedural safeguards, ensuring the integrity of the system, and preventing the exploitation of children.

The ACA, in collaboration with the State and Territory Central Authorities, has developed a protocol to provide information and assistance to families and adoptees in situations where allegations or concerns about child trafficking in intercountry adoption arise.

This document is available at:

If you have concerns regarding the circumstances of a current or past adoption, please contact your State or Territory Central Authority in the first instance.

Nationally Consistent Core Curriculum (NCCC) for parents considering intercountry adoption – 9 August 2010

The Intercountry Adoption Harmonisation Working Group is pleased to announce the completion of the Nationally Consistent Core Curriculum (NCCC) for Parents considering Intercountry Adoption. The NCCC is a framework of nine compulsory education and training units that States and Territories will deliver to prospective adoptive parents as part of the intercountry adoption process. The framework is now being implemented in each State and Territory, and can be accessed on the Harmonisation Working Group page. The completion of this project will assist prospective adoptive parents to receive consistent and thorough information regardless of location.

The NCCC covers various aspects of intercountry adoption such as the legal framework for intercountry adoption in Australia, the realities of adopting from abroad, preparation for applying and adopting, information about adopting children with special needs, general child development issues, and particular challenges such as attachment and adjusting to family life in Australia. The NCCC is intended to be flexible, allowing each jurisdiction’s education provider to deliver the units, subtopics and materials in the order and manner which is most appropriate for that region.

The program allows for exploration of the prospective adoptive parent’s expectations, and provides opportunities to learn about the child’s possible experiences in the country of origin and future adjustments. This allows attendees to learn about challenges ahead, to be counselled about how to face those challenges, and assess their own ability to become adoptive parents.

Snapshot of national intercountry adoption statistics: 30 June-31 December 2009

Together with State and Territory central authorities, the Department has compiled a snapshot of intercountry adoption statistics. Data has been collected on a national basis for a six month period: 30 June-31 December 2009.

The statistics show for each intercountry adoption program the total number of:

  1. approved intercountry adoption applicants at 31 December 2009 (including applications already sent and waiting overseas and applications approved but queued in Australia)
  2. files sent overseas during the six month reporting period, and
  3. placement proposals accepted during the six month reporting period.

The central authorities will continue collecting these statistics on a six monthly basis. The numbers indicate that there are more approved applications to adopt than accepted placement proposals (1093 compared with 88). This is consistent with a worldwide trend of decreasing numbers of intercountry adoptions.

Country Program

Total number of approved applications at 31 December 2009 - waiting both overseas and in Australia

Number of files sent overseas for the 6 month reporting period
[1 July - 31 December 2009]

Total number of placement proposals accepted for the 6 month reporting period
[1 July - 31 December 2009]

Bolivia

8

0

0

Chile

5

0

0

China

499

9

14

Colombia

7

0

2

Ethiopia

138

6

15

Fiji

3

1

0

Hong Kong
ISS

25*

3

0

Hong Kong
Po Lung Kuk

3

2

2

India

39

3

3

Lithuania

12

1

0

Philippines

107

15

15

South Korea

46

7

11

Sri Lanka

3

2

2

Taiwan
CSS

37^

13

17

Taiwan
CWLF

3

1

2

Taiwan
Chung Yi

1

1

1

Thailand

153

14

3

Ad Hoc

4

0

1

Total

1093

78

88

*As some States and Territories were unable to identify to what organisations these applications would be sent, this figure does not necessarily represent all the applications approved for Hong Kong ISS only.
^As some States and Territories were unable to identify to what organisations these applications would be sent, this figure does not necessarily represent all the applications approved for Taiwan CSS only.

Further information about national statistics is available at Intercountry Adoption Statistics

Delegation to The Hague Special Commission on intercountry adoption – 17 to 25 June 2010

From 17 to 25 June 2010, a delegation from the Attorney-General’s Department visited The Hague to attend the Special Commission meeting on intercountry adoption issues. The objective of the Special Commission was to review the practical operation of the Hague Convention of 29 May 1993 on Protection of Children and Co-operation in respect of Intercountry Adoption. More than 260 experts from 85 countries and 14 international organisations participated, including a number of countries that are considering joining the Convention in the future. The meeting provided an excellent opportunity for the Department to meet and discuss issues with delegates from our existing program partners and to strengthen those relationships. The delegation was also able to meet with experts from a number of other countries and international organisations.

The Australian Government sponsored a one-day discussion on the abduction, sale of and traffic in children and their illicit procurement in the context of intercountry adoption which featured presentations from independent experts and international organisations. The meeting was an important opportunity for Australia, and other participants, to raise awareness on the nature and extent of areas of illegal practices and for countries to consider more effective ways of working together to address these issues.

A key outcome of the meeting on the abduction, sale and traffic in children was a recommendation that Australia co-ordinate a group, with the participation of the Permanent Bureau of the Hague Conference on Private International Law, to consider the development of more effective and practical forms of co-operation between States to prevent and address specific instances of abuse. The result of this work will be circulated by the Permanent Bureau for consideration by Contracting States. Further information on the work of this group will be available in due course.

The Special Commission achieved consensus on the main elements of a Guide to Good Practice on Accreditation and Adoption Accredited Bodies, a useful resource for both adoption agencies and Central Authorities. Other topics discussed included applying safeguards, intergovernmental co-operation and communication, post-adoption issues and learning from experience (including post‑disaster responses in situations such as Haiti).

The conclusions and recommendations of the Special Commission are currently being finalised by the Hague Conference on Private International Law and will be made available on this website once completed

Appointment of representatives to NICAAG

The Attorney-General has recently made new appointments to the National Intercountry Adoption Advisory Group (NICAAG), effective from 31 March 2010. The Department is pleased to advise that Dr Karleen Gribble (NSW) and Ms Angela Kelly (NT) have been appointed as new members. Mrs Marilyn Nagesh (Victoria), Mr John Ford (Tasmania) and Ms Julia Rollings (ACT) have been reappointed to new terms. Ms Juliet Rankin has been appointed as the alternative member for the Northern Territory. The appointees bring a wealth of personal experience, considerable contributions to and broad networks with the intercountry adoption community.

The alternative member positions in Tasmania and the Australian Capital Territory are currently vacant. The Department will be seeking expressions of interest for these positions in the near future.

Appointment of adoptee representative to the National Intercountry Adoption Advisory Group

We are pleased to advise that the Attorney-General has appointed Ms Jeannie Fitzpatrick as the new adoptee representative and Ms Joanne Schell as the alternate Australian Capital Territory representative on the National Intercountry Adoption Advisory Group (NICAAG). Both new appointees have close links with the intercountry adoption community.

Ms Fitzpatrick was adopted from Vietnam. She has worked as a post-adoption case officer at Adoption Services Queensland, is currently the Queensland Teenage Support Representative for the Intercountry Adoption Support Network (ICASN).

Ms Schell is an active member of ACT Families with Children from China (ACTFCC) and Families with Children from China Australia (FCCA).

We congratulate Ms Fitzpatrick and Ms Schell on their appointments.

Release of Adoptions Australia 2008-09 Report - 5 February 2010

The Australian Institute of Health and Welfare has released its annual report Adoptions Australia 2008 09.It shows that the number of intercountry adoption finalisations has remained fairly static for the year ended 30 June 2009.

During 2008-09 there were 269 intercountry adoptions to Australia, one less intercountry adoption compared to the previous year. Intercountry adoptions represented 61 per cent of total adoptions (intercountry, local and 'known' child adoptions).

In summary, of the intercountry adoptions to Australia:

  • 82 per cent of children were from Asia; 14 per cent from Africa; three per cent from South America; and one per cent from Europe
  • the majority of children adopted were under the age of five (88 per cent)
  • a slightly higher proportion of adoptedchildren were female (52 per cent), and
  • the largest proportion of children were from China (23 per cent); Philippines (17 per cent); South Korea (17 per cent); and Ethiopia (14 per cent).

This report contains comprehensive information relating to adoptions in Australia (intercountry, local and 'known' child adoptions). The report is available from the Australian Institute of Health and Welfare website.

Appointment of Western Australian Representative to the National Intercountry Adoption Advisory Group – 19 February 2010

We are pleased to announce that the Attorney-General has appointed Ms Sue‑Yen Byland as the new Western Australian representative on the National Intercountry Adoption Advisory Group.

Ms Byland has extensive experience with adoptees, adoptive families and adoption support groups. She has acted as a representative for the WA Intercountry Adoptee Support Network (ICASN), has been a volunteer speaker for Adoption Support for Families and Children, a member of the WA Adoption Sector Forum, and a member of the Vietnamese Adoptee Network. Ms Bylund was born in Vietnam and adopted as an infant by an Australian family.

We look forward to Ms Bylund’s contributions to NICAAG.

Children affected by the Haiti Earthquake Crisis - 20 January 2010

The Department has received a number of enquiries relating to the adoption of children affected by the earthquake in Haiti. While the Government shares concerns over the plight of children affected by this disaster, intercountry adoption should not be considered in the immediate aftermath of such crises. Decisions regarding the care and protection of children are naturally a matter for the Government in the child's country.

During or after natural disasters, children are often separated from their families and communities. This does not necessarily mean that these children do not have living parents or other relatives. Even if both parents have died, the chances of finding living relatives or other carers from their community does exist. In these situations, it is in the best interests of children to remain with their family and country as further separation from their extended families and countries may compound the trauma these children have already experienced.

There have been media reports of some receiving countries evacuating children from Haiti. The Department is aware that some countries with established intercountry adoption arrangements with Haiti are expediting the entry of Haitian children who were already well into the adoption process and where existing adoption applications were in the process of being finalised prior to the earthquake. As Australia does not have intercountry adoption arrangements with Haiti, the evacuation of children from Haiti to Australia would not be an appropriate response to assist in this crisis. The Department supports assistance being provided through alternative means, such as donations to aid organisations involved in the relief effort.

The Department supports the statement from the International Social Service concerning the adoption of children from countries affected by natural disasters.

Expatriate Adoption – Introduction of Criminal History Checks – September 2009

The Department of Immigration and Citizenship has advised that, from 16 September 2009, Australian citizen or permanent resident sponsors of child visas or partner visas involving a minor will be required to provide a criminal history check. This will apply to expatriate adoptions and foreign spouses with children. This requirement does not apply to intercountry adoption cases facilitated by State and Territory governments, as applicants are already subject to background checks as part of the adoption process. These changes aim to protect children from being sponsored for a child or partner visa by a child sex offender.

The sponsor must apply to the Australian Federal Police for a criminal record check at their own cost and submit the results with their migration application.

For further information, please refer to the Department of Immigration and Citizenship website.

News Reports – Adoption of Chinese children removed from their families – 3 July 2009

On 3 July 2009, ABC online and ABC News Radio reported that about 80 baby girls in Guizhou Province in China were ‘confiscated’ from their families and subsequently ‘sold on to foreigners’. This report is based on reports from other media sources, including the BBC and the China Daily. These reports allege around 80 newborn children from Zhenyuan County in Guizhou have been removed from their families since 2001 and placed in orphanages when families did not pay the appropriate fine for breaching China's family planning policy.

These reports expressly refer to children being adopted by families in the US and Europe. We are not aware that any of these children have been adopted by Australian families. The payment referred to in the reports was the same as the orphanage donation that adoptive families were required to make at the time of adoption. The Department is not aware of any impropriety on the part of the families that have adopted these children.

In cases such as this, where concerns are raised about an intercountry adoption program, the Department approaches the relevant overseas authority to investigate the matter. The Department has already contacted the China Center of Adoption Affairs for further information.

Call for nominations for vacancy in the National Intercountry Adoption Advisory Group (NICAAG) – South Australia – Updated 16 June 2009

Mr Mark Stewart (South Australia representative) has resigned from the National Intercountry Adoption Advisory Group as of 5 June 2009. We would like to take this opportunity to thank Mr Stewart for his contributions to NICAAG, since the group’s inception in March 2008.

The Department would like to invite interested persons, residing in South Australia, to nominate for this position.

Nominations should be sent to:

PeakSupportGroup@ag.gov.au or

Intercountry Adoption Branch
Attorney-General’s Department
3-5 National Circuit
BARTON ACT 2600

Nominations must be received by 13 July 2009 and should include your full name, address and contact details; current curriculum vitae; and a brief statement of interest. Statements of support (from individuals or organisations) will not be considered unless submitted with the nomination.

The position will be determined by the Attorney-General having regard to the benefits of appropriate input from national/state organisations, people with experience of particular countries and existing adoption programs. Please note, the term of appointment will be until 30 March 2012, to incorporate the remainder of Mr Stewart’s two year term and a further two years.

The Attorney-General recognises that participating does require significant contributions of time by members on the Group. A daily sitting fee is paid to members who are not otherwise remunerated for each meeting, and the Department meets the travel costs for members to attend.

While individuals may be involved with particular organisations, representatives are expected to act with a national view, not as representatives of specific adoption groups. It will be the responsibility of representatives to communicate, liaise and raise issues of concern with all in their particular State or Territory.

Call for nominations for vacancy in the National Intercountry Adoption Advisory Group (NICAAG) – Queensland – Updated 16 June 2009

Mr Mark Byrne (Queensland representative) resigned from the National Intercountry Adoption Advisory Group as of 28 May 2009. The Department would like to thank Mr Byrne for his valuable contribution to NICAAG and intercountry adoption in Australia.

The Department would like to invite interested persons, residing in Queensland, to nominate for this position.

Nominations should be sent to:

PeakSupportGroup@ag.gov.auor

Intercountry Adoption Branch
Attorney-General’s Department
3-5 National Circuit
BARTON ACT 2600

Nominations must be received by 29 June 2009 and should include your full name, address and contact details; current curriculum vitae; and a brief statement of interest. Any statements of support (from other individuals or organisations) need to be submitted with the nomination.

The position will be determined by the Attorney-General having regard to the benefits of appropriate input from national/state organisations, people with experience of particular countries and existing adoption programs. Please note, the term of appointment will be until 30 March 2012, to incorporate the remainder of Mr Byrne’s two year term and a further two years.

The Attorney-General recognises that participating does require significant contributions of time by members on the Group. A daily sitting fee is paid to members who are not otherwise remunerated for each meeting, and the Department meets the travel costs for members to attend.

While individuals may be involved with particular organisations, representatives are expected to act with a national view, not as representatives of specific adoption groups. It will be the responsibility of representatives to communicate, liaise and raise issues of concern with all in their particular State or Territory.

National Intercountry Adoption Advisory Group – Appointment of Queensland Representative – Updated 3 June 2009

The Department is pleased to announce the appointment of Mr Stephen Finkel, as a new Queensland representative on the National Intercountry Adoption Advisory Group. Mr Finkel’s appointment is effective immediately and we look forward to his participation in the Advisory Group.

Please note, there are two Queensland positions on NICAAG. The second position is currently vacant.

National Peak Overseas Adoption Support Group – Change of Name

In February 2009 the formal name of the Group was changed to the National Intercountry Adoption Advisory Group (NICAAG). This change is intended to better reflect the role of the Group - to provide advice to Government on intercountry adoption issues rather than to provide support services to the intercountry adoption community. The Group’s role and terms of reference remain unchanged. Further information on the role and work of the Group is available on the NICAAG page.

National Peak Overseas Adoption Support Group – Queensland Vacancy

Nominations closed on Monday, 16 February 2009. Appointments to the National Peak Overseas Adoption Support Group are a decision for the Attorney-General, the Hon Robert McClelland MP. Further information will be provided once an appointment is made.

Changes to the Baby Bonus and the Maternity Immunisation Allowance – 1 January 2009

Changes to the Baby Bonus and the Maternity Immunisation Allowance came into effect on 1 January 2009. Further information is available on the Family Assistance Office website.

Direct Contact with Overseas Agencies

A number of overseas adoption agencies have recently raised with AGD the fact that some prospective adoptive families have made direct contact with agency staff. Overseas agencies have expressed concerns about this contact because it distracts agency staff from progressing casework and, in some cases, is contrary to the principles of the Hague Convention. The principles and safeguards of the Hague Convention apply to all of Australia’s intercountry adoption programs.

The principles of the Hague Convention, specifically Articles 29, 4 and 5, prohibit contact between prospective adoptive applicants and a person with care of an intended adoptive child until the final stages of the adoption process. This prevents any real or perceived influence between prospective adoptive parents and any person whose consent may be required for the adoption. It also protects prospective adoptive parents and agency staff against allegations of (real or perceived) inappropriate or illegal conduct in the course of the application.

Accordingly, we ask that prospective adoptive families do not have directly contact with overseas adoption agencies, but direct enquiries or concerns to their caseworker in the relevant State or Territory Central Authority.

Children Affected by Natural Disasters

AGD has received a number of enquiries relating to the adoption of children affected by the cyclone in Burma and the earthquake in Sichuan Province, China. While the Government shares concerns over the plight of children affected by these disasters, intercountry adoption should not be considered in the immediate aftermath of such crises. Decisions regarding the care and protection of children are naturally a matter for the Government in the child's country.

During or after natural disasters, children are often separated from their families and communities. This does not necessarily mean that these children do not have living parents or other relatives. Even if both parents have died, the chances of finding living relatives or other carers from their community does exist. In these situations, it is in the best interests of children to remain with their family and country as further separation from their extended families and countries may compound the trauma these children have already experienced.

AGD also notes the UNICEF position in these situations.

The Chinese Ministry of Civil Affairs has released a statement through the China Centre of Adoption Affairs (CCAA) outlining their approach in caring for children orphaned or separated from their parents as a result of the earthquake.

Capacity Building Assistance to Overseas Countries

On 18 May 2008, the Attorney-General, the Hon. Robert McClelland, announced that the Commonwealth Government will contribute $200,000 to an initiative run by the Hague Conference to help protect children involved in intercountry adoption.
Please see the Attorney-General’s media release for further information.

Interstate Transfer Protocol

On occasions, prospective adoptive parents relocate interstate during the course of their adoption application. When this occurs, the intercountry adoption application must be formally transferred to the Central Authority in the family's new State or Territory. The Australian Central Authorities have developed an interstate transfer protocol to minimise the disruption to relocating prospective adoptive families and to ensure there is access to consistent information.

Further information regarding the protocol is outlined in the attached fact sheet:

Families need to contact their Central Authority as soon as possible, should they be considering relocating interstate during the course of their adoption application.

Access to the Baby Bonus for Adoptive Parents

As part of the 2008-09 Budget, the Government announced that eligibility for the Baby Bonus will be extended to families who adopt children under 16 years of age. The adoptive parent will need to lodge a Baby Bonus claim within 52 weeks of the child being placed into their care by the appropriate authority. The extension of eligibility will come into effect from 1 January 2009 and recognises the significant expenses incurred by adoptive parents, as for all new parents, in welcoming and settling a child into their family. The Government is pleased that this change will implement Recommendation 9 of the Overseas Adoption in Australia Report.

The Government announced other changes to the Baby Bonus which will also come into effect from 1 January 2009. A new family income test will apply to the Baby Bonus, limiting eligibility to families with an adjusted taxable income of $75,000 or less in the six month period following the birth of a baby, or an adopted child being placed into the care of a parent by the appropriate authority. In addition, all families will be paid their Baby Bonus in 13 fortnightly instalments.

Responsibility for the Baby Bonus rests with the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA). Further information on changes to the Baby Bonus announced in the 2008-09 Budget, including fact sheets and media releases, can be found on the FaHCSIA website.

Response to Online Petition about Intercountry Adoption

Stakeholders have made us aware of an online petition about intercountry adoption. Attached for your information is a response to the concerns raised:

We are happy to answer any queries you may have about the work of the AGD and encourage you to contact us directly at intercountryadoption@ag.gov.au about any concerns or issues you would like answered. We can answer individual enquiries, as well as collective concerns by updating our website.