Hi there. The safest and preferred method for adopting a child from another country (called “intercountry adoption”) is through the central authority in your state or territory. In South Australia, that authority is the Department of Child Protection (www.childprotection.sa.gov.au). There are several steps to this process, including: a formal application, an adoption assessment and decision by the local Australian authority, a placement proposal issued by the overseas authority, the immigration application process, travelling to meet and collect the child, and the legalisation of the adoption.

While this process can be lengthy, it is still the preferred method. There are international laws that regulate intercountry adoption and following the above method is the best way to ensure you and the overseas authority do not breach international law. Following this method of adoption also means you will receive the support of the Australian and South Australian governments during and after the adoption process.

There are other ways to adopt a child from another country. For example, if you hold citizenship in another country, you could arrange a domestic adoption through the government of that country and then attempt to bring that child back to Australia. This is called an “expatriate adoption”. This method of adoption is riskier because Australian adoption authorities do not take any responsibility for the adoption process. For the adoption to be recognised in Australia, you would need to prove that you were not living overseas to bypass the legal requirements for the entry of your adopted child into Australia, and that you have lawfully obtained full parental status in relation to the child. You would then need to obtain an adoption-specific visa for your child to enter Australia.

Suggested way forward

For more information, visit Intercountry Adoption Australia (www.intercountryadoption.gov.au), which provides a step-by-step guide for intercountry adoption. Arranging overseas adoption and immigration into Australia can be a complicated process. You should consider speaking to a family or immigration lawyer who can best explain the different options and help you through the process. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced immigration lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.