Australian Embassy, China
澳大利亚驻华大使馆
Embassy address: 21 Dongzhimenwai Dajie, Sanlitun, Beijing - Telephone: 5140 4111 - Fax: 5140 4204

Expatriate Adoption in China

The purpose of this document is to assist Australian citizens who are residing in China and who are considering adopting a child in China.

1. Are Australians allowed to adopt Chinese children?

Australians who are resident in Australia can only adopt a child from China through the formal intercountry adoption program in their home state or territory and should contact their relevant state or territory authority in Australia.
Further information from state or territory authorities in Australia is available at:
http://www.immi.gov.au/migrants/family/child/102/sttaa-contacts.htm

Australians resident in China who wish to adopt a child in China are advised to inform themselves in relation to both:

The Australian Government recognises that a decision to adopt is a major personal commitment and involves a high level of emotional investment. It is therefore doubly important that you are aware of the issues associated with the adoption process within China and the requirements of that process in advance.

The Australian government and the Australian Embassy in Beijing cannot provide you with legal advice about the requirements for adoption under Chinese law. A decision to allow an Australian citizen to adopt a child while living in China is a decision solely for the Chinese Government.

2. If I’m an Australian resident in China, what are the initial steps to adopt a Chinese child?

a) Prospective adoptive parents should first carefully read the “Application Kit” from CCAA (refer Attachment 1, Appendix 2, Part 1). For further enquires contact the CCAA enquiry assistance line on 010 65545199.

b) Part of the “Application Kit” requires prospective adoptive parents to conduct a “Home Study Report” (refer Attachment 1, Appendix 2, Part 1, II on pages 8 to 10). To do this, a social worker will need to be engaged. A list of these social workers can be found in Attachment 2.

c) When all documents in Attachment 1, Appendix 2, Part 1 have been completed, prospective adoptive parents should contact the Consular Section of the Embassy in Beijing. The Embassy will provide two letters to attach to the application. The first is a covering letter for the application and the second is a letter to attest that the prospective adoptive parents are Australian citizens and have been continuously working or studying in China for more than one year (refer Attachment 1, Appendix 2, Part 1, para (7) on page 8)

d) Once the prospective adoptive parents have received the two letters from the Embassy, they should submit the application together with the Embassy letters to Mr Jiao Yang of CCAA directly and pay the appropriate service charge (refer to Section 3c below for service charge details).

Parents should read section 5 regarding Australian visa requirements before applying to the CCAA.

e) The application is then in the hands of the CCAA and all further enquiries should be directed to the CCAA. Please note that the Embassy is unable to intervene in the CCAA’s processes and is unable to make representations on decisions made by the CCAA.

3. What Application Fees will I need to pay?

There are a number of application fees that will need to be paid to different organisations.

a) Social Worker Fees – The social worker will charge a fee for preparing the home study report. Please consult social workers for costings.

b) Authentication of CCAA Dossier Documents – The CCAA Application Kit requires a number of dossier documents to be authenticated/certified by various organisations (for example the Chinese Embassy/Consulate in Australia, lawyers etc).

c) Australian Embassy, Beijing, Consular Section, – The Embassy will provide the prospective adoptive parents with two mandatory dossier documents. There may be further fees for certification of documents as required by CCAA.

d) The CCAA service charges should be paid when the application documents are submitted. Adopters should consult CCAA for costs of the fee. The fee should be deposited into:

Bank of Communications Beijing Branch Dongdan Sub branch, No. 8 Jinbao Street, Beijing, China, 100005, China Center of Adoption Affairs, account: 110060194145300010181 (refer Attachment 1, Appendix 2, Part 2, para V on page 13).

4. What are the next steps in the process?

Once the CCAA have processed the application, they will contact the prospective adoptive parent with a decision and advise of further steps to be taken.

If the adoption is approved, the CCAA requires parents to submit a Post-placement Report after the first six months and after the next subsequent six months (i.e. twice in the first year in six month intervals, refer to Attachment 1, Appendix 2, Part 5). The Post-placement Report should be completed by a social worker and is viewed as an integral part of the adoption process.

5. What are the Visa and Citizenship requirements for entry into Australia?

In the event that you are able to lawfully adopt a child within China or are adopting a child through the formal intercountry adoption program of your home state or territory in Australia, your child would then need to apply for a visa which would enable the child to live in Australia. A child who has been granted an adoption visa will be eligible to apply for grant of Australian citizenship on entry to Australia.
All adoption visas sponsored by Australian Citizens or permanent residents living in China or adopting through the formal intercountry adoption program, are processed by the Visa Office of the Australian Consulate-General in Shanghai. Average processing times vary and may be delayed if the application does not include all necessary documents.

Intercountry adoptions through an Australian State of Territory Adoption authority:

Your Australian state or territory adoption authority will provide information regarding the visa application process.

Expatriate adoptions by Australian citizens, permanent residents or eligible New Zealand citizens:

Current information regarding applying for an adoption visa is available at:

http://www.china.embassy.gov.au/bjng/DIMA03010501.html

www.immi.gov.au/migrants/family/child/102/index.htm.

Australian immigration law has provisions which enable Australians resident outside Australia to apply for a permanent residence visa for their adopted child. As with any visa category there are a range of requirements set out in law (in the Migration Regulations) which must be met. The current requirements to be met for the grant of an Australian Adoption visa to an adopted child are:

I. at least one adoptive parent must hold Australian citizenship, be an Australian permanent resident or eligible New Zealand citizen at the time of adoption.

II. the adoptive parent must have been residing outside Australia for more than 12 months immediately preceding the time of lodging the Adoption visa application, and that residence overseas must not have been contrived to circumvent the requirements for entry to Australia of children for adoption.

III. the child must be under the age of 18 years.

IV. the child must undergo a medical examination at an Australian government approved location to ensure that they meet the health requirements for permanent entry to Australia.

 

V. the adoptive parent must have lawfully acquired full and permanent parental rights by the adoption. (Orders which only grant guardianship, custody or other lesser rights would not satisfy this requirement) and any persons who were recognised by law as the parents of the child before the adoption arrangements took effect have ceased to be so recognised.

VI. The sponsor and their partner must be of good character, and may need to provide an Australian National Police Check and/or foreign police certificate/s, depending on your circumstances. It is recommended that parents take their prospective adoptive child for a medical examination as early in the adoption process as possible.

Further information on adoption visas including application forms and the necessary supporting documentation can be found at www.immi.gov.au/migrants/family/child/102/index.htm.

6. Caution

There are inherent risks involved for both the child and the adoptive parents in expatriate adoption as the adoption is arranged without any of the safeguards which exist in the programs managed by the Australian Commonwealth, State and Territory Central Authorities. The Australian Government’s involvement in expatriate adoptions is limited to determining whether the child meets immigration requirements in order to enter and remain in Australia.

Please select the following link for further information:
Fact Sheet – Expatriate Adoption

Disclaimer | Privacy | An Australian Government website | Copyright Commonwealth of Australia

 

Disclaimer | Privacy | An Australian Government website | Copyright Commonwealth of Australia