Thinking about adopting a child

The criteria to apply to adopt a child in Western Australia are:

• the applicant must be over 18 years
• if in a marriage or de facto relationship, the applicants have been in the relationship for at least three years
• if applying as a couple at least one person must be an Australian citizen and the other a citizen of a country that gives similar rights to adopted persons.
• Applicant must be a resident and live in Western Australia.

During assessment other criteria are also considered such as:

• your ability to be physically and mentally able to care for a child until they turn 18
• your willingness to support the child's connection with their birth parents and culture where this is possible and appropriate
• being in a stable relationship
• your ability to provide a suitable family environment
• you have not been found guilty of certain offences
• you are of good repute.

At the time when a child may be placed with you, other criteria also apply, such as:

• your age
• your ability to meet the cultural, ethnic, religious and educational needs of the child
• the age of children currently in the family.

The following people can also apply to adopt:

• Single people can apply to adopt Australian-born children and children born overseas; however, not many other countries accept single applicants.
• Same sex couples can apply to adopt and have their suitability assessed. Adoption of a local child is possible if the relinquishing parent/s choose the same sex couple to be the new parent for their child. Currently, no overseas countries accept applications from same sex couples.
• People with children. If you already have children, you can still apply to adopt.

• If you are applying to adopt your first child as a couple then the maximum age difference allowed between the child and the youngest of the applicants is 45 years. If you are applying to adopt your first child as a single person then the maximum age difference allowed is 45 years.
• If you have parental responsibility for a child the age limits increase to 50 years between the child and the youngest applicant.
• If you are a single person and have parental responsibility for a child, the age gap between you and the child you wish to adopt cannot be more than 50 years.

Please note: After you have been assessed, the Adoption Applications Committee (AAC) is likely to set a limit to the age of the child for which you will be approved. Many applicants have little parenting experience and are likely to obtain an approval for a child in the age range of birth to four years. However, this is dependent on the applicants’ skills and experience.

The length of time the adoption application and placement processes take vary significantly, for an intercountry adoption, it may take many years. The time period may affect the likelihood of a child being placed with you, depending on your age at the commencement of the adoption application process.

In Western Australia, birth parents are involved in the selection of adoptive parents for their children and often prefer to have their children adopted by people who are of a similar age to themselves. If you are applying for intercountry adoption it is important to be aware of the requirements of each overseas country have age limits that are lower than the age limits in the WA adoption legislation.

See excerpts from the submission to the Parliamentary Legislative Review Committee on this subject.

Age limits do not apply if you intend to adopt a foster child, a child in your long-term care or a step child. However, in all cases you would need to demonstrate an ability to remain in good health to provide care until the child reaches 18 years.

After an initial inquiry, people interested in adopting must undertake the following process:

• attend a general information seminar - register via Eventbrite 
• attend two or three education sessions depending on whether it is an intercountry or local adoption)
• lodge an expression of interest
• lodge a formal application

Communities will undertake all relevant criminal records and other checks to ensure that the applicant/s meet all eligibility criteria.

When you apply you can indicate a preference for both intercountry and local adoption, or for either intercountry or local adoption. If you wish to be approved for intercountry adoption you will also need to specify a preference for which country your file is sent to.

After attendance at the assessment seminar, you will be required to take part in an intensive assessment process should you choose to continue. An assessor with qualifications in social work or psychology is contracted by Communities and will interview you a number of times in your home and will prepare a detailed assessment report with a recommendation as to your suitability to be adoptive parents. The assessor will discuss the assessment report and the recommendation with you when it is finished.

Your assessment report will then be presented to and considered by the AAC and a decision will be made about your suitability. There are occasions when the AAC requires further information from the applicant and/or the assessor before a final decision can be made. The AAC does not have responsibility for allocating or placing children with applicants.

The AAC is comprised of both officers from Communities and independent people who have significant experience and knowledge in areas relevant to the long-term placement of children.

You may wish to provide respite care for a child or children who are already in the care of Communities during this time. This may be a one-off or a regular weekend or other commitment to the same child/children.

Alternatively you may wish to consider providing long term foster care to a child or children. Once a child is placed with you for long term care an assessment will be required to ensure it is appropriate to also place another child with you at that time.

There is never a guarantee that a child will be placed with you.

The approved register of applicants does not operate as a ‘waiting list’ as it is not the length of time since a family was approved to adopt which determines whether they are chosen as adoptive parents for a particular child. In the majority of cases, the birth parent/s of a local child will select the adoptive parents themselves from a number of profiles presented to them by Communities.

If approved by the AAC, you will be asked to complete a profile if you are considering adoption of a local child. A local birth parent could select you soon after approval or you could wait years in the hope of being chosen.

For those adopting from overseas, from the time you are approved to when you are offered a child for adoption, can take years. However, timelines do change according to the number of children in need of adoption from your chosen country and that country's processes and policies.

They may do. The age criteria in both the overseas country and Western Australia will impact upon your application.

The Adoption Act 1994 stipulates that for a first adoption there should not be more than 45 years age difference between the younger applicant and the child at the time of placement. The maximum age difference is 50 years for people who have already a child in their care. Most birth parents of locally born children and the authorities in overseas countries prefer adoptive parents under about 45 years.

No, the adoption is not finalised until at least six months after the child is placed with the adoptive family.

During this time the child is under the guardianship of the Director General of the Department of Communities and the placement is supported and supervised by officers from Communities. In country areas, staff from the local Communities office may be responsible for this. A report on the placement is considered by the Western Australian Family Court in their determination of the Adoption Order.
 
In some of the overseas countries the  adoptions are finalised in in the overseas country, although there is still supervision of the placement once the child and their new family return to Australia.

If the placement of any adoptive child has not been successful then there is a possibility that the child may be taken into regular foster care and come under the guardianship of the Director General.

Local children are under the guardianship of the Director General until the adoption order is made.

The Department only deals with countries that have signed the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoptions or with whom we have other agreements to safeguard children.

There are a limited number of countries that have signed the agreements and that have children available for adoption. Many children in the developing world are not legally available for adoption, although they may be separated from their parents. The  applications for adopting children by receiving countries who are signatories to the Hague Convention, such as Australia, is greater than the number of children sending countries have a need to place.

It is unethical for a receiving country to put pressure on a sending country to place children for adoption. Receiving countries must not contribute to 'creating a market' that encourages child trafficking. This is also why it is very important for adoptions to be well regulated and to be arranged through approved regulatory bodies.

The administrative and legal costs relating to a local adoption in Western Australia are around $2,000.

The cost of adopting a child from overseas may range from $7,000 to $40,000. Intercountry adoption costs include administrative and legal as well as other expenses relating to overseas travel and accommodation. There is an assessment fee associated with intercountry adoption applications. Currently the assessment fee is $1,368. Only a minor part of the costs relating to an intercountry adoption are associated with government charges.

Yes, contact is considered on an individual basis according to the child's best interests. It can vary from an occasional exchange of information with no contact, to a regular flow of information and frequent contact.

These arrangements are set out in an Adoption Plan which is drawn up at the time of placement between at least one of the birth parents and the adoptive parents. The Adoption Plan needs to be approved by the Family Court of Western Australia and there are heavy penalties for breaching this agreement. The Plan can be changed by agreement as the needs of the child change with approval by the Family Court.

Choosing a name for your child is very personal, with parents’ feelings, fashion, tradition and family values affecting that choice. When naming an adopted child, the same influences exist together with issues of culture, birth parents’ wishes and the age of the child.

Today we embrace the concept of open adoption as this has been found to be in the best interests of the child. The child’s first name is an important symbol of their past and therefore is a very significant part of their identity. This is recognised in the United Nations Convention on The Rights of the Child.

Even for an overseas child, who may have been named by a foster carer or an institution, it still remains an important link to their heritage and may be used in many years to come as a way of making contact with the adoptee. For these reasons, the Adoption Act 1994 has a requirement that the child’s first name should be included in the name by which the child is to be known.

You are a step-family if you or your partner has a child by a previous relationship who lives with you. There are a number of ways in which you can legally formalise the relationship between the child and the step-parent. One of these options is adoption.

If you are interested in pursuing step-parent adoption please contact Adoption Services for further information.

See also: Step-parent adoption form

Yes, if the child has lived with you and you have cared for the child for at least two consecutive years at the time of applying to adopt. Carer adoption is one option available to create a stable home for life for children. This is in line with Communities’ Stability and Connection policy.

Before making an application to the Family Court of Western Australia for an adoption order, the Director General of Communities needs to approve the placement of the child with you with a view to adoption. An adoption order will only be made by the court if it is satisfied that adoption is preferable to other orders the courts are able to make.

For further information please contact Adoption Services.

It is possible in some circumstances for a relative to adopt a child. A relative is defined as grandparent, sibling or uncle or aunt of the person to be adopted.

Before an application for an adoption order can be made to the Family Court of Western Australia, the Director General of Communities must approve the placement of the child, for the purpose of adoption. An adoption order will only be made by the court if it is satisfied that adoption is preferable to other orders the courts are able to make (for example a parenting order), and it is also satisfied that there are good reasons to redefine relationships within the child’s family in the way that an adoption order would do. For further information please contact Fostering and Adoption Services.

Unless the child to be adopted is in Australia and is a permanent resident adoption by a relative is not possible (Section 65 Adoption Act 1994). For further information please contact Adoption Services. 

Adoption Services has limited involvement in adult adoption; that is the adoption of an adult by a person who was their carer or step-parent immediately before they became 18 years of age. If you wish to enquire about adult adoption, information is available via the Family Court of Western Australia. You will also need to contact Adoption Services if you decide to proceed.

If you wish to care for a relative orphan from overseas, you need to apply to Home Affairs for child migration under the ‘Orphan Relative’ category.

The Adoption Act 1994 sees no link between surrogacy and adoption. The principle behind surrogacy is to provide a child for those unable to have their own. The principle behind adoption is to provide a new family for a child who cannot be raised by their birth family.

Legislation about surrogacy is contained in the Surrogacy Act 2008; Surrogacy Regulations 2009; Surrogacy Directions 2009 and the Family Court (Surrogacy) Rules 2009. In Western Australia the Department of Health has responsibility for surrogacy and assisted reproductive technology matters.

After careful consideration, some Aboriginal or Torres Strait Islander birth parents choose adoption as the best option for their child. Whilst the adoption legislation provides a guideline of placement options and the priority they should be given, like all other local adoptions consideration is given to the wishes of the relinquishing birth parents.