Overseas Adoption Case Study

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Examine the legal situation for overseas adoption in Australia today? The process of adoption requires a biological couple to renounce their parental rights and responsibilities so they can be legally transferred through an adoption order. Adoption comes under state legislation thus every state has different laws regarding it, but similarly state wise it’s applicable to anybody under 18 years of age. In NSW adoption is governed by the Adoption Act 2000 which has the aim of finding the best, safest and most appropriate parents for the child. Adoption has two avenues either domestic or international; this has many implications on all parties involved. In NSW a single individual can adopt as well as a couple. Legally a couple is defined as…show more content…
‘Adoptions plunge as red tape adds to delay of getting a child, SMH 2013’ details 40 years ago adoptions reached nearly 10 000 in Australia but in 2011/12 there was only 333 children adopted. The reasoning behind this significant drop is due to effective birth control, IVF, substantial waiting lists to adopt domestically and the average 4 year wait to adopt a child from overseas, despite this significant wait almost half the 2011/12 adoptions were overseas; primarily the Philippines and South Korea. In addition the 2012 article ‘Children to get families, not foster care’ highlights that there’s 18 000 children in foster care who aren’t provided a permanent home. To overcome this, the NSW government is aiming to increase adoption rather than keep children in long term foster care when their parents are unable to provide care for them. The government needs reformations in law so it remains relevant and of use, in keeping with changing societal values there is controversy, this is prominent regarding the same sex adoption situation. Adoption as a state matter conclusively means variance between the states and is obvious for the case of adoption for same sex couples. Currently same sex adoption for couples is permitted in ACT, NSW, WA, TAS and VIC; coming into effect September 2016. SA, NT and QLD don’t allow same sex couples to adopt, however QLD permits single LGBT people to…show more content…
Overseas adoption is governed by the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption. This convention has been ratified into Australian law via the Family Law Act 1975 in December 1998. The convention aims to ensure intercountry adoption occurs only in the best interests of the child and for there to be protection available for children and families against the risk of illegal adoptions abroad. The process requires a great deal of time and patience with the chance of several issues arising; private adoption, forced adoption, abduction, sale and trafficking. The convention however also focuses on the prevention of these issues. Private adoption is an issues and it’s only permitted if the adoptive parents have been living in the other country for at least 12 months and if authorities allow the adoptive parents to bring the child back to Australia. Consequently from this here 's the chance of ethical issues and whether the child has been stolen from its parent; ‘Govt. reveals ACT couples caught up in Adoption Scams, ABC News

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