OUTLINE OF THE PAPER

1.1 This paper contains eight chapters, including this introductory chapter:

• Chapter 2 describes the countries and overseas organisations with which the parent support groups have intercountry adoption programs.
• Chapter 3 sets out the structure and organisation of each group, including aims and objectives, membership details, how each is managed and restrictions on the operation of each.
• Chapter 4 describes the nature of the information of which the groups are custodians and methods for its storage and disposal or preservation.
• Chapter 5 examines the financial organisation of each group, looking at the keeping of financial records, financial accountability, fees payable to each group and each group’s involvement in fund raising and the giving of aid to overseas countries.
• Chapter 6 outlines the services which each group provides to its members. Services include: the provision of adoption information and education, assistance with the preparation of applications; involvement with the placement of a child with applicants; advice and assistance in visiting the sending country and collecting the child; and support and advice following placement of the child with the applicants. Further services offered include operating adoption libraries, publishing newsletters, holding language classes and providing opportunities for mutual support and contact between adoptive parents and adoptees through the holding of playgroups and social functions.
• Chapter 7 gives a detailed account of the law, procedures and costs applicable to adoption from each of the countries with which the parent support groups have adoption programs.
• Chapter 8 contains statistics of intercountry adoption placements, both in New South Wales and across Australia.

HISTORY OF INTERCOUNTRY ADOPTION

1.2 Intercountry adoption now accounts for approximately half of all adoptions in New South Wales. The concept of intercountry adoption has its origin in the aftermath of the two World Wars, but particularly after World War II, when the disruption of families in war-torn countries resulted in large numbers of abandoned and orphaned children. Children from Germany, Greece and the Baltic States were sent by religious organisations for adoption in other European countries and in the USA. From 1953, large numbers of orphaned or abandoned children from the Korean war were adopted overseas.

1.3 For Australia, however, intercountry adoption is a relatively recent practice. Prior to 1975, there were few intercountry adoptions in Australia. It only became a recognised avenue of adoption following the airlift in 1975 of Vietnamese war orphans to Western nations. The 292 children brought to Australia in that year by the Federal Government were adopted by Australian families.

1.4 Intercountry adoption has endured as a response to the needs of children orphaned, abandoned or relinquished because of military conflict, poverty or stigmas attaching to illegitimacy, disablement or mixed race. This continues to provide momentum for intercountry adoption together with an equally significant motivating force. Economic and social changes in Australia in the last twenty years, resulting in fewer adoptions of local children, have seen increasing numbers of adoptive parents turning to intercountry adoption to begin or extend their families.

HISTORY OF PARENT SUPPORT GROUPS

1.5 The participation of parent support groups in the conduct of intercountry adoption differentiates this area of adoption from local adoption. There are no equivalent groups supporting adoptive parents of local children nor playing a role in the adoption process. They began as a response to a perceived need for support and guidance in this area of adoption. In the 1970s, adoptive parents encountered some resistance to their quest to adopt children from overseas. Information about procedures and programs was often difficult to come by or to decipher. Adoptive parents who had successfully navigated their way through legal and bureaucratic seas, and had returned to Australia with their adopted children, wanted to assist others to achieve their goal.

1.6 These parents had acquired knowledge and experience of the requirements of the New South Wales Department of Community Services (“DOCS”) for intercountry adoption, procedures in the overseas country and immigration hurdles. They wanted to share this knowledge and experience with prospective adoptive parents and offer guidance and support. As well, many had returned greatly moved by the plight of orphaned or abandoned children who could not, for one reason or another, be adopted. They became motivated to give financial assistance to these children and the orphanages. Out of these circumstances, volunteer groups of adoptive parents formed themselves into intercountry adoption parent support groups.

1.7 The first parent support group was formed in 1974 followed by two more groups in 1979 and another in 1981. There are seven parent support groups currently operating in New South Wales, although until recently, there were eight. In October 1995 two groups, Australian Society for Intercountry Aid for Children (NSW) (“ASIAC”) and Illawarra Adoptive Parents’ Association (“the Illawarra group”), amalgamated. The Illawarra group’s members were given membership of ASIAC and ASIAC absorbed the Illawarra group’s programs. Most of the program managers of the Illawarra group continue to work in the management of ASIAC and in the administration of the adoption programs.

1.8 Two of the parent support groups are sister organisations. Applicants who adopt through a program administered by Australian Families for Children (“AFC”) must join Australians Caring for Children (“ACC”). AFC administers adoption programs and assists applicants to adopt; it is not a “parent support group” in the strict sense. On the other hand, ACC does not administer adoption programs and does not become involved in the adoption process, but fulfils support and fund raising roles.

1.9 The Chilean Adoption Support Association (“CASA”) continues to operate but, in the last two or three years, to a greatly scaled down extent. At present, DOCS are not processing applications for adoption from Chile because of some concerns which DOCS has about procedures in that country, although applications already in the system are being completed. No adoptions were completed by CASA in 1996. In the year or two prior to this, only the occasional adoption was completed for couples who had already adopted a child through CASA. As the group has not been disbanded, it has been included in this report, although in some areas information about the group is incomplete.

THE ROLE OF PARENT SUPPORT GROUPS

1.10 Broadly speaking, although this varies from group to group, the roles parent support groups have assumed include:

• conducting information sessions and adoption seminars;
• helping applicants prepare documentation;
• arranging for translation and notarisation of documents;
• forwarding documentation to the sending country;
• assisting in channelling information from the sending country;
• organising cultural tours in the sending country;
• organising travel arrangements and accommodation for applicants in the sending country;
• assisting applicants with finalisation of adoption in New South Wales;
• assisting with post-placement report requirements;
• providing emotional support and advice concerning support services and access to professionals;
• organising cultural awareness classes;
• organising social functions and playgroups to enable adoptive families to interact;
• fund raising, giving aid to overseas children’s institutions and encouraging sponsorship of children;
• operating libraries providing material relating to adoption and child care issues;
• publishing newsletters;
• establishing and maintaining intercountry adoption programs;
• liaising with DOCS and the sending country; and
• liaising with relevant ethnic organisations to provide applicants with cultural education.

Procedure for adoption and the participation of parent support groups in this process - an overview

1.11 The role of DOCS is central to all adoptions within New South Wales, including intercountry adoption. Whereas private adoption agencies such as Barnardos, Centacare and the Anglican Adoption Agency also play significant roles in local adoptions, there are no private adoption agencies involved in intercountry adoptions.

1.12 A person wishing to adopt a child from overseas must submit to DOCS an expression of interest. DOCS forwards an information video to interested people together with an information newsletter, an adoption booklet and an “expression of interest” form.

1.13 DOCS assesses each completed “expression of interest” form and invites suitable enquirers to complete an application to adopt, and to attend an adoptive parent education and training course. At this time, DOCS actively encourages applicants to join one of the seven parent support groups.

1.14 Parent support groups play an integral role in intercountry adoption procedure. It is usually the parent support group which has established the adoption program in the overseas country and has built up a relationship with the overseas agency or orphanage. It is principally with the parent support group that the overseas agency or orphanage liaises. Choice of parent support group will depend on the country from which the applicants wish to adopt as each parent support group has programs in one or more countries, with only limited overlap.

1.15 The parent support group usually helps the applicants prepare documentation. One group will also arrange translation and two of the groups will arrange notarisation. Some of the groups also forward documentation to the sending country. Documentation required to be forwarded to the sending country includes financial information, medical information and birth and marriage certificates relating to the applicants.

1.16 The process of assessing the applicants for their suitability to adopt begins following lodgement of an application to adopt. This process usually takes three to six months. Applicants are interviewed several times over this period by a private social worker contracted by DOCS, or a DOCS District Officer where no social worker is available. At the completion of the interviews, the social worker prepares an assessment report, known as the “home study”, which is forwarded to DOCS. Basing its decision on the home study, DOCS either approves the applicants as suitable to adopt a child or a particular child, or declines to give approval. If the applicants are approved to adopt, the home study is forwarded to the sending country for consideration for placement of a child with the applicants. One parent support group forwards the home study to the sending country, but otherwise it is forwarded by DOCS.

1.17 Allocation of a child is the province of the sending country. The sending country notifies either DOCS directly, or the parent support group, that a particular child has been allocated to particular applicants. DOCS conducts an “allocation interview” with the applicants and if the applicants agree to accept the allocation they sign an “Agreement and Undertaking” to accept and support the child.

1.18 Before travelling overseas to collect their child, applicants must apply for a Class 102 (Adoption) Visa and Entry Permit pursuant to the Migration Regulations 1994 (Cth) granting the child entry into, and permanent residence in, Australia. The visa will only be granted if, among other things, DOCS has approved the applicants to adopt the child.

1.19 The applicants contact DOCS on their return to Australia with the adopted child and a post-placement interview is conducted and report made. Two post-placement interviews take place in the first six months of the child’s placement in Australia after which a decision is made to proceed to obtaining an adoption order in the New South Wales Supreme Court. However, the adoptive family can ask for as many additional post-placement interviews and can access as much post-placement support as it needs without any further charge.

1.20 The applicants must apply to the Supreme Court of New South Wales for an Australian Order for Adoption. Foreign adoption orders are only recognised in New South Wales if the adopter had been resident for 12 months or more or domiciled in the country in which the adoption order was made. Usually two post-placement reports, prepared over the course of six months, as well as a report by the Director-General are submitted by DOCS to the Court in the adoption proceedings. The parent support groups often assist adoptive parents obtain an Australian Order for Adoption.

PARENT SUPPORT GROUPS CURRENTLY OPERATING IN NEW SOUTH WALES

1.21 The seven parent support groups currently operating in New South Wales are:

1. Australians Caring for Children (“ACC”)

PO Box 420, BONDI BEACH NSW 2026
Phone (bus) (02) 9365 3918; (ah) (02) 9327 1905
Fax (02) 9365 1958
Coordinator: Mrs Ricky Brisson

2. Aid for the Children of Brazil (“ACOB”)

55 The Broadway, KILLINGWORTH NSW 2278
Phone (049) 69 4388; (049) 55 1789
Fax (049) 55 1731
Coordinators: Reverend Roger and Mrs Margaret Ellem

3. Australian Families for Children (“AFC”)

PO Box 420, BONDI BEACH NSW 2026
Phone (bus) (02) 9365 3918; (ah) (02) 9327 1905
Fax (02) 9365 1958
Coordinator: Mrs Ricky Brisson

4. Australian Society for Intercountry Aid for Children (NSW) (“ASIAC”)

C/- Addisons Solicitors
GPO Box 1433, SYDNEY NSW 2001
Phone (bus) (02) 9233 4622; (ah) (02) 9438 1626
Fax (02) 9235 3078
Coordinator: Mr Ben Johnston

5. Chilean Adoption Support Association (“CASA”)

106 Marine Drive, OATLEY NSW 2223
Phone (02) 9580 4833
Fax (02) 9259 1972
Coordinator: Mr Robert Cullen

6. Friends of FANA (“Friends”)

33 Olphert Avenue, VAUCLUSE NSW 2030
Phone (02) 9337 2146; (02) 9388 8686
Fax (02) 9382 5016
Coordinator: Mrs Karoline Brodaty

7. International Children’s Aid Ltd (“ICA”)

PO Box 778, CHATSWOOD NSW 2057
Phone (047) 39 4412
Fax (049) 81 7233
Coordinator: Mrs Keren Dando

1.22 The information contained in this Research Report has been compiled, unless otherwise footnoted, from the parent support groups’ responses to a detailed questionnaire prepared by the Commission, from submissions to the Commission in response to Discussion Paper 34 and from consultations with each of the groups.