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  1. Home
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  3. Advice for your planned activities
  4. Going overseas to adopt a child

Going overseas to adopt a child

Many Australians adopt children from other countries. There are two types of overseas adoptions - intercountry adoption and expatriate adoption.

There are legal implications surrounding overseas adoptions both in Australia and in the child's country.

If you're going overseas to adopt a child (expatriate adoption), you must ensure you fully understand and comply with the laws in the child's country. Failing to comply could see you suspected of child trafficking. You could be arrested or jailed overseas.

Intercountry adoption

Intercountry adoption is when an Australian living in Australia adopts a child from overseas through authorities in their Australian state and territory. 

The relevant government authority in the child's country administers the arrangement overseas. This process is guided by the Hague Convention on intercountry adoption under which Australia has formal adoption arrangements.

 Australia has agreements with 13 partner countries. These are:

  • Bulgaria
  • Chile
  • China
  • Colombia
  • Hong Kong
  • India
  • Latvia
  • Poland
  • South Africa
  • South Korea
  • Sri Lanka
  • Taiwan
  • Thailand

Intercountry Adoption Australia (ICA) provides comprehensive information about the process. ICA has a range of resources and services to help Australians adopting children from overseas.

Expatriate adoption

Expatriate adoption is when an Australian living overseas adopts a child from the country they’re living in. 

Expatriate adoption occurs through the overseas country's processes and is finalised in that country.

The adoption may include a third country. An Australian living in Country B may adopt a child from Country C.

Australian state and territories are not responsible for expatriate adoptions. They do not assess or approve applications for such adoptions.

Expatriate adoptions may not meet legal requirements in Australia.

Refer to the Intercountry Adoption Australia website for more information.

Visas and citizenship

The Department of Home Affairs manages immigration and citizenship requirements for adoptions. They:

  • assess and decide on visa applications
  • can grant a visa to a child adopted by an Australian

Refer to the Department of Home Affairs Adoption visa page. 

Consular services and adoption

Australian embassies and consulates provide limited support to Australians adopting overseas.

Read the Consular Services Charter for what we can and can't do.

What we can do

  • We can process passport applications and issue the child's Australian passport once they're an Australian citizen.
  • We can provide a list of local lawyers that speak English if you have other legal or compliance issues or are arrested or jailed.
  • We can provide a list of local hospitals and doctors if you or your child needs medical assistance while you're away, or to vaccinate your child

What we can't do

  • We can't process applications for the child's visa. Refer to the Department of Home Affairs for immigration and citizenship matters.
  • We can't provide legal advice on any matter. This includes advice to comply with local intercountry adoption laws.
  • We can't get you out of trouble if you're arrested or jailed.
  • We can't represent you in court or in other legal matters. You need a local lawyer.

Final tips before you go overseas to adopt a child

  • Find out the local laws about adoption, if unsure get legal advice.
  • Arrange adequate travel insurance for you and your adopted child.
  • Arrange emotional and practical support from friends and family, for while you're away and when you return home with your child.
  • Read the travel advice for your destination, know what the risks are for you and your child so you can stay safe.

Read more

  • See our general advice for people travelling with children.
  • See our page on international surrogacy.
  • Get travel insurance for you and your child before you go.
  • Make sure you've got the right vaccinations for your destination.
  • Find out what to do if you're arrested or jailed.

See also

  • For more information about overseas adoptions, see Intercountry Adoption Australia. 
  • Read the guide for Hague Convention on intercountry adoption
  • The Department of Home Affairs is responsible for Australian visas and citizenship. See their information for children adopted outside Australia by an Australian citizen.

Related content

Going overseas for international surrogacy

Information for Australians going overseas for surrogacy. Learn about types of arrangements, laws, citizenship and visas.

View details
Advice for women travellers

All travellers face risks overseas. In certain countries or cultures, women face greater risks than men and may be more vulnerable.

View details
Who you are: Advice for different types of travellers

In many countries age, gender and sexual preferences can pose challenges. Understanding the culture and laws in your destination will help things go smoothly.

View details

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  • The basics
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Contact us

The Australian Government provides 24-hour consular emergency assistance.

+61 2 6261 3305 from overseas

1300 555 135 from within Australia

For non-urgent enquiries, visit the contact page

About us

Smartraveller is provided by the Australian Department of Foreign Affairs and Trade.

For how we can help you overseas see the Consular Services Charter.

For more information go to about us.

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To provide feedback on our website or subscription service, email us at smartraveller@dfat.gov.au

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  • HomeHome
  • Before you go
    • The basics
      • Destinations
      • Passport services
      • Visas
      • Insurance
      • Schengen
      • Travel advice explained
    • Who you are
      • Children
      • Dual nationals
      • LGBTI++
      • Mature
      • School leavers
      • Women
    • Activities
      • Adoption
      • Adventure
      • Backpacking
      • Business
      • Living and working overseas
      • Marriage
      • Studying
      • Surrogacy
      • Volunteering
    • Major events
      • Hajj
      • Ramadan
    • Health
      • Disability
      • Infectious diseases
      • Medical assistance overseas
      • Medical tourism
      • Medication
      • Mental health
      • Pregnancy
      • Reciprocal health
      • Vaccinations
      • Death
    • Staying safe
      • Assault
      • Demonstrations
      • Earthquakes and tsunamis
      • Kidnapping
      • Natural disasters
      • Partying safely
      • Piracy
      • Scams
      • Severe weather
      • Sexual assault
      • Terrorism
      • Theft and robbery
    • Laws
      • Carrying or using drugs
      • Child sex offences
      • Female genital mutilation
      • Forced marriage
    • Getting around
      • Air travel
      • Boat travel
      • Cruising
      • Public transport
      • Road safety
  • Destinations
    • View all destinations
    • AfricaBrowse destinations in Africa.
    • AmericasBrowse all destinations in the Americas.
    • AsiaBrowse all destinations in Asia.
    • EuropeBrowse all destinations in Europe.
    • Middle EastBrowse all destinations in the Middle East.
    • PacificBrowse all destinations in the Pacific.
  • While you're away
    • When things go wrong
      • Arrested or jailed
      • Lost property
      • Medical assistance
      • Money problems
      • Someone is missing
      • Someone died
    • Crime overseas
      • Assaulted
      • Kidnapped
      • Robbed or mugged
      • Scammed
      • Sexually assaulted
    • Crisis or emergency
      • Demonstration
      • Earthquake
      • Severe weather
      • Terrorist situation
      • Volcanic eruption
    • Australia's biosecurity and border controls
      • COVID-19 portal
  • Urgent helpLinks to help
  • Our servicesLinks to services
    • Consular Services Charter
      • Arabic
      • Chinese Simplified
      • Chinese Traditional
      • Indonesian
      • Thai
      • Vietnamese
    • Travel advice explained
    • Subscription
    • Crises
    • Passport services
      • Passports in Australia
      • Passports overseas
    • Notarial services
      • Documents
      • Documents in Australia
      • Documents overseas
      • Certificate of No Impediment
      • Notarial forms
    • Voting overseas
    • Communities
      • العربية (Arabic)
      • 中文 简体 (Chinese Simplified)
      • 中文繁體 (Chinese Traditional)
      • Bahasa Indonesia
      • ภาษาไทย (Thai)
      • (Tiếng Việt) Vietnamese
      • Filipino community
      • Indian community
      • Malaysian community
    • Resources
      • Missing overseas
      • Fact sheet: Arrested or jailed overseas
      • Fact sheet: Sexual assault overseas
      • Fact sheet: Death overseas
      • Fact sheet: Travel Smart
      • Consular Privacy Collection Statement
      • CHOICE travel insurance guide
      • Before you go checklist
  • COVID-19
    • COVID-19
      • Leaving Australia
      • Trying to get home
      • Returning home
      • Staying overseas
      • Overseas financial assistance
      • Overseas financial assistance FAQs
      • General FAQs
      • Registration FAQs