A Word of Caution

Right now, hundreds of Victorian families are interested in adopting a child from overseas. Of this group, each year, only a relatively small number will have a child placed with them and only after years of waiting. At the moment, it can take up to two years before a family starts the process of being assessed.

Each year we receive more inquiries, because each year around the world there seem to be more disasters, famines and wars; and, sadly, more children in orphanages. However, just because children are placed in orphanages does not automatically mean they can be adopted, and each year there are actually fewer young and healthy children available for adoption. In 2006 – 2007 just 70 were placed with Victorian families.

There are a number of reasons for this.

Firstly, most children in orphanages around the world are not free to be adopted. It’s very important to remember that this is, above all, a service for children. It’s not about finding children for families, but the reverse: finding families for children. So before children can be adopted into another culture, all avenues have first to be explored within their own. The overseas country’s responsible authority will work hard to locate the birth family and extended family of an orphaned child. When this is not possible they will exhaust all other options to ensure the child has a chance of being raised in a family environment within their own culture and country. Only then, after the responsible authority is satisfied that all possible measures have been taken to keep the child in their country of birth, can the child be legally considered for adoption in a foreign country.

Secondly, arrangements for overseas adoption in Australia occur either under the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption or under separate agreements between Australia and other countries. This is to make sure the process is run legally and that the requirements of the Hague Convention are followed, in particular to prevent the trafficking of children. There are fewer of these countries than you might imagine, and so children in many of the places where the need appears to be the greatest, can’t be adopted in Australia.

This is an extremely rigorous process. In Australia, there are no alternatives, no private agencies, no ways of by-passing the system of being assessed and approved by the relevant Government Department. It’s worth remembering that, for the prospect of heading off to another country to collect your child and then discovering that you can’t return because the child will not be issued an Australian Visa to enter the country, is not a happy one.

We understand that many families find the process somewhat daunting. However, it hasn’t been set up to put obstacles in the path of families wanting to help orphans, but to keep children safe, and to make sure processes are in place to protect them, and also the families seeking to adopt them.

The Challenges of Intercountry Adoption

Intercountry Adoption can be extremely rewarding for families, and for the children adopted into them.

However these adoptions are not without their challenges. It’s not simply a matter of the child slipping easily into the culture of the adopting family. It’s important to take the child and the child’s culture into your family.

In Victoria the Intercountry Adoption Service (which is also known as ICAS) is responsible for arranging intercountry adoptions. (ICAS cannot assist with the adoption of children related by birth or marriage. You may be eligible to sponsor the child under Orphan Relative provisions in migration law. Sponsoring Relative Children for Migration (Victoria) provides an explanation of this process, or call the Department of Immigration and Citizenship on 131 881.)

Intercountry adoption is always a last resort. The principles of the Hague Convention exist in order to ensure that all adoptions take place in the best interests of the child and with respect for his or her fundamental rights. Caring for children within the culture into which they were born is always considered to be the best solution; the overriding consideration in intercountry adoption, as with all adoptions, is always the best interests of the child.

Adoptions in Victoria must comply with the Adoption Act 1984 and other legislation including: the Adoption Regulations 2008, the Adoption (Inter-Country Fees) Regulations 2002 updated 2005 and the Supreme Court (Adoption) Rules 2005. If you are interested in adopting a child from another country, it’s important to download the information kit and to read it carefully. It outlines the Victorian requirements, the processes, the participating countries and costs.

If you are still interested after reading the kit and you think you may be eligible to apply, you must book into an information session, which will give you a better sense of what’s involved, particularly the length of time you may have to wait and the uncertainty of the outcome.

Other Options

It’s important to understand that this is a long and uncertain process, which can be expensive, so it’s worth considering other ways you can bring a child into your family, not only from overseas, but also from Australia.

Many families want to adopt children from overseas who are healthy and under the age of two. This is the age group that is in the greatest demand; and the group for which families always wait the longest. Yet there are many more children over the age of four, and also younger children with special needs who need help, and for whom the waiting period can be much shorter. “Special needs” could mean anything from a child with a cleft palate or an on-going health issue, or it could mean that a child has a complex family background such as mental health issues, alcoholism or a range of other factors.

Finally, There is always a Need in Victoria

Not so much for adoption (there are even fewer children available for adoption in Victoria than there are from overseas), but for permanent care arrangements. To find out more about this rewarding, permanent and loving option, which is very similar to adoption, visit the Victorian Adoption and Permanent Care website.

Some of you may be interested in exploring the option of becoming a foster carer of children. The Centre for Excellence can provide you with more information and contact details.