Intercountry adoptions from Australia to the United States are not currently possible, except in limited circumstances listed below.
Australia is a party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Convention). Intercountry adoption processing in Convention countries must be done in accordance with the Convention; the Intercountry Adoption Act of 2000 (IAA); the IAA’s implementing regulations; and all applicable legislation and regulations of Australia.
Australia is not a country of origin for the purpose of intercountry adoption. That is, Australian children are not matched with prospective adoptive parents living outside of Australia. As a matter of practice, the placement and adoption of Australian children with families living outside of Australia is restricted to relative or known child adoptions. Such cases are assessed on a case-by-case basis.
No child from Australia has ever received a U.S. immigrant visa based on an intercountry adoption.
The information provided is intended primarily to assist U.S. citizens who: are dual Australian citizens who wish to adopt an Australian child in Australia’s domestic adoption system; are permanent residents of and living in Australia who wish to adopt an Australian child in Australia’s domestic adoption system; are living in Australia and wish to adopt a child from the United States or a third country; or are not living in Australia and wish to adopt a relative Australian child.
U.S. citizens in these circumstances should contact the Australian Central Authority in the Australian Government Department of Social Services or the relevant state or territory central authority, to inquire about applicable laws and procedures. See contact information below.
For domestic and intercountry adoptions by U.S. citizens residing in Australia and relative or known child intercountry adoptions by U.S. citizens residing outside of Australia, each Australian state and territory is responsible for assessing and approving adoption applications in accordance with its particular laws.
Please visit the Department’s Country Specific Information for more information on travelling to Australia and the U.S. Mission in Australia's website for information on consular services.
Warning: Do not attempt to adopt a child in Australia before USCIS has provisionally approved your Form I-800 petition AND a U.S. consular officer issues the “Article 5/17 Letter” for your adoption case.
Remember: In cases where an adopted child may be eligible for an immigrant visa, the U.S. consular officer will make a final decision about a child’s eligibility later in the adoption process.
