April 2015

MANAGEMENT OF QUOTAS AND APPROVAL PRACTICES

EXECUTIVE SUMMARY

This paper develops a set of agreed key principles and a process for managing intercountry adoption applications in respect of the selection of applicants for inclusion in quotas issued by overseas adoption authorities. This includes where an applicant wishes to change their choice of country after already being approved to adopt from a different country.

CALCULATION OF QUOTAS

Intercountry adoption quotas issued to Australia are usually distributed across jurisdictions according to population size. This method is transparent and ensures that each State or Territory receives a proportionate number of places. Particular consideration is given to smaller jurisdictions (Tasmania, Australian Capital Territory and the Northern Territory), to ensure that each jurisdiction is allocated at least one place per quota.

Central Authorities recognise that distributing a quota in other manners, including increasing quota sizes for smaller jurisdictions so that adoptive children may have increased chances of contact with other adoptive children, is problematic. Like all communities, the intercountry adoption community is fluid, and families move interstate and overseas from time to time. While there are clear benefits for adopted children and their families forming relationships with others with similar experiences and cultural backgrounds, this cannot be guaranteed through quota distributions. Given the geographic size of Australia and the size of the intercountry adoption community, it is not reasonable to expect adoptive families will remain in contact simply due to a shared residence in a particular State or Territory.

These principles and procedures are also intended to ensure the Australian Central Authorities manage adoption applications in a manner consistent with and respectful of the expectations and requirements of overseas partners. The concurrent lodging of an adoption application with multiple countries is inconsistent with this position.

PRINCIPLES

All country programs involving quota systems should be managed in line with these principles. The implementation of these principles is subject to State and Territory adoption legislation and criteria.

  1. Applicants will only be approved to adopt from one country program at any given time.
  2. Applicants will only have their adoption application lodged with one overseas agency, or listed on one country program waiting list, at any given time.
  3. Where applicants have an application lodged with an overseas country, they will not be listed on a wait list for another country program. Conversely, if applicants are on a wait list for a particular country, they will be unable to send a subsequent dossier to another country.

PROCEDURES

These broad procedures are intended to be implemented within the existing processes in each State and Territory, and are subject to relevant legislation and criteria.

  1. Where a new quota is received from an overseas country, applicants are selected for inclusion in the quota from those already approved for that country and on the wait list. Where there are no child-centred considerations, applicants will be selected in order of approval date. Prospective adoptive parents would need to have been assessed and approved for that country program and not have an application lodged in any other country in order to be selected.
  2. If there are not sufficient applicants approved for the quota country and on the waiting list (to fill the number of quota spaces), the State/Territory Central Authority will advise all approved applicants in their jurisdiction of the new quota. The manner in which approved applicants are advised may vary across jurisdictions. Advice may take the form of website statements and/or direct contact via letter or email.
  3. Central Authorities will seek expressions of interest from those applicants who are interested in changing country programs and are eligible to adopt from the quota country.
  4. Based on responses received, the eligibility and suitability of the applicants for the particular quota country will be considered. Applicants will be assessed in order of approval date, subject to any child-centred considerations.
  5. Should the applicant be approved for the ‘new’ country, their dossier will be prepared for inclusion in the quota and sent.
  6. If the applicant has a dossier already lodged with another country, this application should be withdrawn within one week of the acceptance of the applicant’s dossier by the new country.
  7. If the State/Territory Central Authority does not have sufficient applicants to fill the quota for their jurisdiction, they should contact the Australian Central Authority as soon as appropriate. The Australian Central Authority will then consider a redistribution of the remaining quota places.

Exceptions to this process will only be made in rare and specific circumstances, such as the long-term suspension of a country program. Should a Central Authority take a decision to grant such an exception, they will inform all Central Authorities of this decision and the circumstances as soon as possible.