
This ‘What’s new’ page aims to provide some information about current intercountry adoption issues. Please note that there will be short delays in publishing statements following delegation visits to other countries. This is primarily due to internal and external Australian Government approval processes.
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.
We are pleased to announce that an Australian delegation will be travelling to South Korea and Taiwan from 13–17 September 2010.
The delegation will visit South Korea to meet with Eastern Social Welfare Society (ESWS) to discuss ongoing program matters and the types of children in need of intercountry adoption. The delegation will also meet with the Australian Embassy in Seoul, the Ministry of Health and Welfare and its agency KCARE (responsible for intercountry adoption), and Global Overseas Adoptees Link (a Korean adoptee organisation) to discuss operational and broader intercountry adoption issues in South Korea.
The delegation will then proceed to Taiwan to meet with the Australian Commerce and Industry Office, the Child and Juvenile Adoption Information Centre (who assist with origin-searching for adoptees) and the Taiwanese Child Welfare Bureau (Taiwanese body that oversees adoption agencies) to discuss broader intercountry adoption trends and issues in Taiwan, including enquiring about opportunities to form relationships with additional adoption agencies. The delegation will also meet with Australia’s three Taiwanese partner agencies— Christian Salvation Service, Child Welfare League Foundation (CWLF) and Chung Yi Welfare Foundation (Chung Yi) – to discuss ongoing program matters.
Further information on Australia’s intercountry adoption programs with South Korea and Taiwan can be accessed from the Current intercountry adoption programs page.
Australia currently has a small program with Lithuania; a signatory to the Hague Convention. As previously announced on this website, an Australian delegation visited Lithuania from the 14–16 June 2010. The delegation met with Australia’s in-country representative, staff from the Lithuanian Central Authority, and visited three Lithuanian children’s homes, located both in rural centres and in Vilnius. The visit was invaluable in assisting the Australian Central Authority to better understand the procedural intricacies of the Australia–Lithuania intercountry adoption program. Following this visit, the Australian Central Authority will consider how the program operates in light of the high level of special needs common to Lithuanian children in need of intercountry adoption.
The delegation met with Australia’s in-country representative, Ms Eva Siskauskiene, to discuss practical aspects of the Lithuanian adoption process and acknowledge the high level of support and assistance Ms Siskauskiene provides to Australian families.
Most children in need of intercountry adoption from Lithuania reside in orphanages (younger children), or children’s group homes (older children). The Australian delegation visited three children’s group homes housing children of all ages. Generally, these facilities are structured as a series of small ‘family units’ containing approximately 12 children of mixed age and gender. Where possible, sibling groups reside together. Each ‘family’ has a primary caregiver, and can access doctors, nurses and psychiatric staff. Some children’s homes have adequate funding to employ doctors and psychiatric staff on a part or full‑time basis, and music teachers.
All of the homes visited were clean and in good repair.
The Lithuanian Central Authority confirmed that typically children in need of intercountry adoption are over four years old (but more likely to be over six years old) and are part of sibling groups. Generally, children may have one or more of:
Prospective adoptive parents interested in adopting from Lithuania should be aware of the high level of need of these children and understand that there are many older child sibling groups of three children in need of homes. The Lithuanian Central Authority advised that often multiple (if not all) siblings will have one or more of the conditions listed above. Generally, children do not speak English.
Waiting times for the Australia–Lithuania intercountry adoption program are usually quite extensive. Applicants seeking younger (under 5 years old), single or healthy children are likely to experience waiting periods of five or more years, as children with these characteristics are often able to be adopted domestically.
General enquiries about adopting from Lithuania should be directed to your State or Territory Central Authority.
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
The Department invites interested persons to nominate for a vacancy on the National Intercountry Adoption Advisory Group (NICAAG). A vacancy exists for a representative from the adoptee community.
The function of NICAAG is to advise and make recommendations to the Attorney-General or the Attorney-General's Department on issues concerning intercountry adoption. Adoptee representatives are full members who attend all meetings. The term of appointment will be for two years, ending in August 2012.
If you are interested in nominating to be an adoptee representative of NICAAG, please provide a brief statement of interest to the Department containing a covering letter and curriculum vitae which includes details of your experience in the intercountry adoption field.
Applications will be assessed based on three criteria, which you should address specifically in your covering letter. These criteria are based on the NICAAG Terms of Reference.
Please address:
Nominations should also include your full name, address and contact details. Statements of support from individuals or organisations will be considered if submitted with the nomination.
Nominations close on Friday, 30 July 2010.
Nominations should be sent to:
nicaag@ag.gov.au
or
Intercountry Adoption Branch
Attorney-General's Department
3-5 National Circuit
BARTON ACT 2600
The Attorney-General recognises that NICAAG membership requires a significant contribution of time. Accordingly, a daily sitting fee is paid to members, and the Department meets the travel costs for members to attend meetings.
While individuals may be involved with particular organisations, members are expected to act with a national view, not as representatives of specific adoption groups. It is the responsibility of representatives to communicate, liaise and raise issues of concern with the broader intercountry adoption community.
For further information please call (02) 6141 3217 or email nicaag@ag.gov.au.
Australian Central Authorities are committed to maintaining strong procedural safeguards, ensuring the integrity of the system, and preventing the exploitation of children.
The ACA, in conjunction 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 families or adoptees have concerns regarding the circumstances of a current or past adoption, please contact your State or Territory Central Authority in the first instance.
As noted on ‘What’s New’, a delegation from China visited Canberra on 16 – 17 May to discuss the China-Australia intercountry adoption program. A number of important issues were discussed.
Ato Lakew Gebeyehu has indicated that he intends to transition from his role as the Australian Representative for the Ethiopia-Australia Intercountry Adoption Program.
This does not mean closure of the Ethiopia-Australia Intercountry Adoption Program. There will be a transitionary period of approximately six months to enable a smooth hand over of the role to a new Australian Representative in Ethiopia, with new arrangements anticipated in early 2011.
Where a family has already been allocated a child, the application will be progressed by Ato Lakew to completion. Other approved applications in Ethiopia will be handed over to the new representative when appointed. Arrangements to implement changes to the program continue unaffected.
Ato Lakew and Woz Misrak have been providing overseas adoption services to Australian families and governments for nearly 20 years and we thank them for their commitment throughout this period.
Australian representative’s visit to Australia
The Australian representative of the Ethiopia-Australia intercountry adoption program, Ato Lakew, will be visiting Australia from 13-30 June 2010. The purpose of the representative’s visit is to negotiate a new Service Agreement and to continue discussions regarding ongoing changes being put in place to ensure the integrity and continued compliance of the program with the Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption.
Family event for Australian Ethiopian adoptive families
The Attorney-General’s Department and the Australian African Children’s Aid and Support Association (AACASA) will be hosting a family event in Canberra during the Australian representative’s visit. All Australian adoptive families who have adopted children from Ethiopia are welcome to attend.
Approved prospective adoptive parents intending to adopt from Ethiopia are welcome to attend. However, they must not discuss their file with the Australian representative and should be aware that doing so could impact their application.
The family event will be held from 2.00pm-5.00pm on Saturday 19 June at the Diplomat Hotel, 2 Hely St Griffith. Refreshments will be provided. For catering purposes, please RSVP to your local State or Territory AACASA representative or contact the Australian African Children’s Aid and Support Association (AACASA).
Further clarification about Court requirements
As previously advised, the Federal First Instance Court requires adoptive parents to attend the court hearing for the issuing of the adoption order in Ethiopia.
Families may take custody of their child once the court order is made and collected, which occurs approximately one to two days after the court hearing.
Parents may choose to remain in Ethiopia with their adopted child, while the immigration processes are completed. This process usually takes between four to six weeks.
We understand that some families may not be able to remain in Ethiopia during this period, and they will return to Australia between the court order and the immigration documents being finalised. In these cases, the child will remain in the care of Koala House or the orphanage until the immigration processes are complete and the adoptive parent/s can return to Ethiopia.
The Department has also been advised that it is possible for only one parent to attend the court hearing. However, that parent must have a power of attorney from the absent parent, to act on their behalf, along with a copy of their passport and driver’s license.
If only the male applicant wishes to take custody of the child, he must be accompanied by a female relative.
We are pleased to announce that an Australian delegation will be travelling to The Hague in June to participate in the Third Meeting of the Special Commission on the practical operation of the Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption.
The Special Commission will review aspects of the practical operation of the Convention and work to achieve consensus on the main elements of a draft Guide to Good Practice on Accreditation and Adoption Accredited Bodies. A key feature of this Special Commission meeting is a one day discussion sponsored by Australia on the abduction, sale and traffic in children in the context of intercountry adoption. Independent experts have been invited to speak and the discussion will centre on state practice and procedure when dealing with such cases in the context of intercountry adoption. Further information about the Special Commission can be found at The Hague Conference website.
The delegation will also take the opportunity to visit Lithuania on the way to The Hague. Australia currently has a small program with Lithuania; a signatory to the Hague Convention. The delegation will meet with Australia’s in country representative, staff from the Lithuanian Central Authority, and visit two Lithuanian orphanages. We hope that the visit will help us to better understand the Lithuanian processes and requirements, the characteristics of children in need of intercountry adoption, and investigate the lengthy waiting periods between application and adoption proposal.
The Attorney-General’s Department hosted a six member delegation from China, comprising representatives of the China Center of Adoption Affairs (CCAA) and various provincial authorities, on 16 – 17 May 2010. The delegation visited Canberra to participate in meetings with the Australian Central Authority and the State and Territory Central Authorities.
A number of important policy and operational issues were discussed. These included the age and characteristics of children in need of overseas families, the numbers and attributes of prospective adoptive parents, the online special needs program, adoption compliance certificates, Australian citizenship, and new functions assigned to CCAA by the Ministry of Civil Affairs.
These discussions were productive and helped to strengthen the ties between the Australian Central Authorities and the CCAA. Further details about the information exchanged in these meetings will be posted on our website shortly.
While in Canberra, the delegation also attended an enjoyable function beside Lake Burley Griffin organised in conjunction with Families with Children from China Australia. The delegation met children from the ACT and surrounding regional areas, as well as some visitors from interstate, who were adopted from China. The delegates were very pleased to see that the children were happy and healthy and provided a gift to each family.
The delegation also visited Melbourne and enjoyed meeting with the Victorian Central Authority and some families who adopted children with special needs from China.
The Australian Central Authority has recently concluded its review of the India – Australia Intercountry Adoption Program. The ACA periodically reviews all its programs in accordance with the Intercountry Adoption Strategic Plan. The Attorney‑General prioritised the review of the India–Australia intercountry adoption program in light of child trafficking allegations raised in 2008 in relation to intercountry adoption cases around 2000.
The review focused on India’s adoption framework, observance of The Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption, the viability of the program as it currently operates and the possible need for additional safeguards.
The review highlighted that—consistent with global trends—most infant and young children in need of families are able to be placed domestically in India. Sibling groups, older children and those with special needs appear to be the primary categories of children in need of intercountry adoption.
On the whole, the ACA is satisfied that safeguards within India’s adoption framework have improved since trafficking allegations were raised. These ongoing improvements reflect India’s commitment to progressive implementation of the Hague Convention as anticipated by the Permanent Bureau’s Guide to Good Practice on Implementation and Operation of the 1993 Hague Intercountry Adoption Convention.
The review concluded that the program should continue to operate in its current form, with the ACA to investigate options for a managed expansion. Investigations into possible new relationships with Indian agencies will be considered where there are potentially viable and reliable orphanage partners that have children in need of Australian families.
Since March 2009, a restricted list of Indian adoption agencies with which Australia has an established relationship has been in place.
ACA is aware of serious allegations registered in a Central Bureau of Investigation case against the Managing Trustee of one Indian agency, Preet Mandir. It should be noted that the review of the program recommended that the freeze on new applications to Preet Mandir be maintained. ACA is seeking verification and further information about the specific allegations and will assess what implications this has for the program. The ACA and State and Territory Central Authorities will remain in close communication about these matters. Adoptive families or adoptees who have concerns about an adoption from Preet Mandir should in the first instance contact the State or Territory Central Authority that facilitated the adoption.
New fee structure
The new fee structure for the Ethiopia program has now been finalised. All files with activity from 6 April 2010 will attract a fee of $9,500USD per application. This includes files already in Ethiopia and files yet to be sent.
This amount will be payable in three instalments–$5,300USD at the time the file is sent, $3,900USD at the time an allocation is accepted and a $300USD in-kind donation to Koala House at the time the child is collected. A summary of the fees is outlined in the below table.
The increase of fees will include sufficient funding for the Australian program administration. A new program fee of $5,400USD will include court processing fees, medical and immigration fees, document verification services, the Australian representatives’ salary, staff salaries and running costs of the program office and Koala House.
It also includes a foster care fee of $1,500USD which will be payable to the orphanage (through the program) for the costs of caring for the adopted child (food, formula, clothes etc) as well as the ongoing costs of the orphanage, including children who may not be adopted.
A development assistance fee of $2,300USD will also be included in the new fee structure. This amount will be required at the time the file is sent and will be payable directly to an NGO (to be determined) undertaking development assistance on behalf of the Australian program.
Families will also be asked to purchase certain products to the value of $300USD which are difficult to obtain in Ethiopia, such as lactose free formula or nappies, at the time of travel. The in-kind donation will be given to Koala House for the continued care of the children. This amount has been built into the fees and will mean the program no longer needs to rely on family support groups to make such contributions.
Summary of new fee structure for Ethiopia program
Amount |
Time of payment |
|
$3,000 Program administrative fee (to program) |
At the time the file is sent |
|
$2,400 program fee (to program) |
At time allocation is accepted |
|
In-kind donation to Koala House (formula, clothes, nappies etc) |
At the time of travel to Ethiopia |
Families with files already in Ethiopia will be required to pay the difference between the amount already paid and the new fee amount, at the time an allocation is accepted.
If siblings are adopted, the foster care fee will need to be paid twice as it reflects the costs of caring for multiple children. However, the program administration costs and development assistance fee will only be paid once.
If you have any further questions, please contact your State or Territory Central Authority.
New requirement to attend court hearings
From 9 May 2010, the Federal First Instance Court will require parents to physically attend the court hearing for the issuing of the adoption order in Ethiopia. The Court considers this to be in the best interests of the child.
This differs significantly from previous practice where parents only travelled after the final court order was made and immigration processes were completed.
It is anticipated that a court date will be set approximately one month before the hearing. Parents will be required to attend the hearing and then remain in Ethiopia while the immigration processes are completed (ie the issuing of the birth certificate, passport and visa). This process will take approximately four to six weeks.
It will be appropriate for families to take custody of the child once the final adoption order is obtained from the court.
The Attorney-General’s Department, State and Territory Central Authorities and the Australian African Children’s Aid and Support Association will work together to develop an information package including recommended hotels, drivers, restaurants etc, to assist families during their stay in Ethiopia.
The Department encourages families to use their time in Ethiopia to further their understanding of the country and culture of their child’s place of birth.
Eastern Social Welfare Service (ESWS) has advised that waiting times for approval to travel have recently increased. There is currently a wait of six to eight months between allocation and approval to travel.
The delay has been caused by a number of contributing factors including:
ESWS have stressed that estimates of likely processing times are subject to change due to issues such as those listed above. We ask that families remain patient and await any further advice from their State or Territory Central Authority about the progress of their case.
We will continue to follow up this matter with ESWS to consider ways to expedite the process.
The Attorney-General’s Department will update this website if any further advice is received.
The Australian Government Attorney General’s Department is pleased to announce the expansion of the Taiwan intercountry adoption program.
Australia works with three partner agencies in Taiwan— Christian Salvation Service (CSS), Child Welfare League Foundation (CWLF) and Chung Yi Social Welfare Foundation.
Throughout 2009, the programs with CWLF and Chung Yi have been operating on a trial basis, only accepting a limited number of files from selected jurisdictions. However, following discussions with our partner agencies, both CWLF and Chung Yi have increased Australia’s file quota and have agreed to accept applications from additional jurisdictions in 2010.
CWLF will now accept applications from Western Australia, Victoria and Queensland. Chung Yi will now accept applications from New South Wales and South Australia. CSS will continue to accept applications from all States and Territories.
Further information about the Taiwan intercountry adoption program is available on the Current intercountry adoption programs page or by contacting your State or Territory central authority.
Australia will continue to explore opportunities to encourage the expansion of both the Chung Yi and CWLF programs where possible throughout 2010.
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:
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 |
Total number of placement proposals accepted for the 6 month reporting period |
|---|---|---|---|
|
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 |
25* |
3 |
0 |
|
Hong Kong |
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 |
37^ |
13 |
17 |
|
Taiwan |
3 |
1 |
2 |
|
Taiwan |
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
Eastern Social Welfare Society (ESWS) recently issued an Australian national quota of 25 adoption applications (dossiers) for 2010. The total number of files will be distributed across States and Territories in the same manner as the previous quota, with approximately one-third of the total files being from families approved to adopt children with more complex medical backgrounds.
n accordance with established practice, the quota has been distributed across States and Territories according to population, with some consideration for the smallest jurisdictions (to allow for a minimum of one application per State or Territory). The breakdown is as follows:
|
State |
Percentage of population | Actual percentage of 25 files | Total files | Number of files for children with complex medical background |
|
New South Wales |
33% |
8.25 |
7 |
3 |
|
Victoria |
25% |
6.25 |
6 |
4 |
|
Queensland |
20% |
5 |
4 |
2 |
|
Western Australia |
10% |
2.5 |
3 |
1 |
|
South Australia |
7.5% |
1.875 |
2 |
1 |
|
Tasmania |
2% |
0.5 |
1 |
* |
|
Northern Territory |
1% |
0.25 |
1 |
* |
|
Australian Capital Territory |
1.5% |
0.375 |
1 |
* |
|
Total |
100% |
25 |
25 |
12 |
*At least one of the three files from TAS, NT and ACT should be from a family approved to adopt a child with complex medical background.
Note: population statistics are taken from the Australian Bureau of Statistics.
ESWS has indicated that the number of intercountry adoptions from Korea has continued to decline in recent years, and this is reflected in Australia’s reduced quota for 2010. ESWS has also indicated that if Australia is issued with further quotas in the future, these are likely to continue being lowered. It is not possible to predict if or when future quotas will be issued. This remains a matter for ESWS, and will reflect the changing needs of Korean children and, where appropriate, the capacity of Australian families to meet these needs.
ESWS has also advised of changes to its eligibility criteria. All applicants must be no more than 43 years and six months of age by the time their homestudy/file is received by ESWS. The Department initially received advice that the new age criteria would only apply to first time applicants. However, ESWS has since advised that this change will apply to all new files sent, including first and second time applicants, and those approved to adopt children with more complex medical backgrounds. This change does not affect applicants who have sent their files as part of previous quotas.
Fees for the South Korea program remain unchanged.
State and Territory Central Authorities will prepare and forward dossiers to ESWS as soon as possible.
If you have any queries regarding your adoption application, please contact your State or Territory Central Authority.
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.
If you would like to be included on our e-mail distribution list please write to us at intercountryadoption@ag.gov.au.