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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.
Australians resident in China who wish to adopt a child in China are advised to inform themselves in relation to both:
• Chinese law and practice relating to adoptions; and
• Australian immigration law in respect of visas and Australian citizenship for adopted children.
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 CCAA enquiry assistance line on 010 65548804 or 010 65548805.
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 CCAA approved 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).
e) The application is then in the hands of the CCAA and all further enquires should be directed to the CCAA.
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 Subbranch, 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, you would then need to apply for a visa on behalf of the child 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.
All adoption visas from China are processed by the Visa Office of the Australian Consulate-General in Shanghai. Average processing time is four weeks provided that application is complete.
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, at the time of the adoption, hold Australian citizenship, be an Australian permanent resident or eligible New Zealand citizen.
II. the adoptive parent must have been residing outside Australia for more than 12 months at 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 laws relation to adoption in China have been complied with.
VI. the adoptive parent must have lawfully acquired full and permanent parental rights by the adoption (note: 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.
It is recommended that prospective adoptive parents take their prospective adoptive child for a medical examination to assess whether the child meets
Australian migration requirements as early in the adoption process as possible. Prospective adoptive parents should contact the Visa Section of the Australian Consulate-General in Shanghai to arrange such a medical examination.
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 .