Right: Deborra-Lee Furness and Hugh Jackman with overseas-adopted son Oscar. The couple have been vocal advocates for changes to Australian adoption laws
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Background information
(The information below is an abbreviation of that contained in the Wikipedia entry titled 'Adoption in Australia'. The full text of this entry can be accessed at http://en.wikipedia.org/wiki/Adoption_in_Australia)
Australia classifies adoptions as known child adoptions (adoption by relatives, stepparents or carers), local adoptions (placement within the country), and intercountry adoptions (adoption of children born overseas).
Adoptions in Australia are handled by state and territorial government agencies or an approved adoption agency. It is unlawful to arrange a private adoption, though foreign adoptions are recognised. Government agencies include Adoption Services in Queensland, Families SA in South Australia and the Department of Human Services in Victoria.
When an adoption is completed, the birth parents (also referred to as natural parents) no longer have any legal rights over the child. The adopted child becomes a full member of the adopting family, taking their surname and assuming the same rights and privileges as a birth child, including the right of inheritance. A new birth certificate is issued, in the case of local adoptions. The adopted child also has the same position as a birth child in relation to the extended family of the adopting parents, for example with laws prohibiting incestuous sexual relationships or prohibiting marriages.
Known child adoptions
Family law in Australia with regards to children is based on what is considered to be in the best interest of the child. Family laws contain a strong preference for retaining ties to biological parents, and a general presumption against making a known adoption order because an adoption order severs the legal relationship between the child and one of the child's birth parents. Due to the serious consequences of an adoption order, all stepparent adoption laws contain a strong preference for dealing with new parenting arrangements through a parenting order rather than an adoption order. Stepparents and other carers may apply to the Family Court of Australia for a parenting order, as 'other people significant to the care, welfare and development' of the child. It provides an important 'status quo' if the birth mother were to die, so, for example, other family members could not come and take the child.
Same-sex couple adoptions
Adoption for same-sex couples is currently available in Australian Capital Territory (since 2004), New South Wales (since 2010), Western Australia (since 2002), and to a limited extent in Tasmania (since 2013). In Queensland, Northern Territory, Victoria and South Australia, same-sex couples cannot adopt a child, but can become foster carers. South Australia is considered legislation to allow same-sex couples to adoption after elections won by the Labor party, which promised to 'review' the adoption legislation. The Queensland, Victoria and Northern Territory governments have no plans to review or change the law, to allow same sex couples to adopt.
Western Australia became the first Australian state to allow same-sex adoptions when its Labor government passed the Acts Amendment (Lesbian and Gay Law Reform) Act, 2002 which amended the Adoption Act, 1994 (WA). This allowed same-sex couples to adopt in accordance with criteria that assess the suitability of couples and individuals to be parents, regardless of sexual orientation.
Australia's first legal gay adoption, by two men, occurred in Western Australia in June 2007. Subsequently, on 2 August 2007, the federal government under Prime Minister John Howard announced it would legislate to stop same-sex couples adopting a child from overseas, and would further not recognise adopted children of same-sex couples. The federal Coalition's proposed Family Law (Same Sex Adoption) Bill would amend the 1975 Family Law Act and override state and territory laws that currently cover international adoptions. The bill was due to be introduced in the spring 2007 session of parliament, but has been taken off the agenda following the 2007 federal election.
Single parent adoptions
All States and Territories, except in South Australia and Queensland, permit single people to adopt, including an individual applicant who is in a committed same-sex relationship.
However, individuals seeking to adopt are considered less of a priority than couples and lengthy waiting lists for adoption make it virtually impossible. Individuals may usually only adopt a child with special needs or in cases of exceptional circumstances.
Intercountry adoption
Intercountry adoption in Australia first began in 1975 towards the end of the Vietnam War when 292 Vietnamese orphans were brought to Australia in an American organised evacuation from Vietnam of Asian-American orphans, called 'Operation Babylift'. An average of 330 intercountry adoptions were finalised each year for the ten years between 1998 and 2008. The rate of children being adopted from China has increased faster than any other country from 0.3% in 1999/2000 to 30.9% in 2006/07. In 2007/2008, there were only 270 children adopted from other countries by Australian parents, the majority of the children coming from, in descending order, China (63 children, 23.3%), South Korea (47 children, 17.4%), Philippines (41 children, 15.2%) and Ethiopia (35 children, 13.0%). By 2011/12, the number of intercountry adoptions had dropped to 149 and 129 in 2012/13.
The Australian Government Attorney-General's Department has primary responsibility for developing and maintaining intercountry adoption arrangements with other countries. This responsibility is shared with the State and Territory authorities, which assess applications, facilitate adoptions, provide advice and assistance, and provide post-placement support and supervision. Applicants must meet the eligibility requirements set by the Australian State or Territory in which the application is being lodged, as well as the eligibility criteria of the overseas country of the adoptive child. Intercountry adoption can be a lengthy process, usually taking at least two years in Australia, requiring multiple assessments of the continued suitability of prospective parents.
Intercountry adoption practices are in accordance with the principles of the Hague Convention on Intercountry Adoption, which came into force in Australia on 1 December 1998. As at August 2009, Australia had open adoption programs with Bolivia, Chile, China, Colombia, Ethiopia, Fiji, Hong Kong, India, Lithuania, Philippines, South Korea, Sri Lanka, Taiwan, and Thailand. Most of the countries with which Australia has direct adoption programs are also parties to The Hague Adoption Convention, the exceptions being Hong Kong, Ethiopia and Taiwan. Countries with which adoption programs have closed include Costa Rica, Guatemala, Mexico and Romania. In 2012, Australia closed the adoption program with Ethiopia. It did so at a time when no Ethiopian children would be disadvantaged as no Ethiopian children were available for adoption by Australian parents.
Decline in adoptions
There has been a substantial decline in the number of adoptions in Australia since the early 1970s. In 1971/72 there were 9,798 adoptions, which declined to 1,052 in 1991/92, and 576 in 2005/06. In 2012/13, there was a total of 339 children adopted nationally, arranged through the eight administrations.
A report by the Australian Bureau of Statistics attributes this decline to the introduction of welfare for single mothers, increased legal access to termination of pregnancy, family planning services, access to child care and improved participation of women in the workforce. Forced adoption of tens of thousands of Aboriginals and the children of single mothers continued until the early 1980s.
Low rates of local adoptions are attributed to the low number of children who need placement. Low rates of international adoptions are attributed to long wait times (from two to as much as eight years) and high cost (up to $40,000).