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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I am in the process of finalising an adoption in Papua New

Customer Question

I am in the process of finalising an adoption in Papua New Guinea. In 2004 whilst undertaking PhD studies in PNG, I undertook a customary adoption, finally after many years it is being formalised in the National Court. I will receive full and sole custody. I understand that there is no arrangement between PNG and Qld (or Aust) due to PNG not being a signature of the Hague Convention. I have had the child in Australia on two occasions in 2009 and 2010, but was refused a visitors visa in 2011. I am now trying to work out which visa to apply for in PNG later this year, as having read the Adoption Visa requirements, I read that as i have not had the Qld gov involved in the adoption she would immediately become a ward of the state here in Qld. Please advise. thanks dawn
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Evening

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

How old is the child?

Customer: replied 1 year ago.
11 nearly 12
Expert:  Leon replied 1 year ago.

Ok

Why did they refuse the visitors visa in 2011? You say you have court orders in PNG?

The childs parents are they around?

Customer: replied 1 year ago.
about to be awarded full and sole custody as a single applicant, refused as according to the powers that be not a bona fide visitor, however my query is pertaining to how best to bring her into the country as a full adopted child of an australian citizen
Expert:  Leon replied 1 year ago.

If the Australian government will not accept the adoption from PNG you will have to lodge an application in the QLD court to formalise it.

I assume you have read the following link from the QLD Government

https://www.qld.gov.au/community/caring-child/adopting-child-overseas/

If a family could not be found for the child in PNG then you are one step closer.

PHG may not be a Hague convention member but if their methods comply with the principals there should be no problem here.

Customer: replied 1 year ago.
Hi Leon
thanks for the link, but I just don't fit into that category ... this child has been in my life since before her birth. I have been in a relationship with a PNG man, and the child is his father's sister's daughter. I have been working with PNG welfare since about 2005, and recently had a senior welfare officer here in Qld doing the home assessment. Its all about to go through the court in PNGshe was customarily adopted by myself and partner in 2004 at the age of five months, there is no question of finding her a PNG family,I am interested in your comment about formalising this in the Qld court, can you elaborate and what would I need to do?but also some advice if possible regarding the best way to get her into Aust. thanks,
Expert:  Leon replied 1 year ago.

The link I have sent you has the forms that you have to complete. You have to apply to the QLD department your expression of interest.

You complete these and send them in.

You mention that a QLD officer was there. Was she assessing you?

Customer: replied 1 year ago.
the officer was from Papua New Guinea. Qld has had nothing to do with this as yet, I contacted them back in 2009 to do the home assessment but as they had no arrangement with PNG they would not do it.Why are you advising to go through Qld government? Already the PNG court will grant me as the sole parent of the child, so I find it a little confusing. It is my understanding the the PNG court will issue an 'adoption compliance certificate' and state that she will be be eligible to reside with me in AustraliaI was just searching for what you said re the attorney general's dept and the changing Aust legislation re adoption,
Expert:  Leon replied 1 year ago.

My apology you stated

"and recently had a senior welfare officer here in Qld doing the home assessment"

This confused me a little.

Can you tell me this. Have you spoken with the Australian Immigration department about getting a visa for the child once adopted in PNG?

I am a little confused with your question. It appears you have and they have said no because PNG is not a signatory to the United Nations Convention.

Customer: replied 1 year ago.
sorry to have confused you, the welfare officer was from the png dept of welfare, who I have been working very closely with. I have not spoken to Australian Immigration but have only read up on various visa, including the adoption visa which stated as the adoption has not been arranged through australia the child will become a ward of the state, which I can understand the reasoning behind this, but I refuse to allow this happening, she has been through enough alreadyI have therefore thought to do the student visa, but hope to first apply for the visitors visa then apply for a student visa once here in australia, I have sourced a school that will take an international student, however I am also aware that this type of visa is very slow to obtain in PNGThanks Leon, it seems the more hurdles I jump over, the more obstacles keep appearing in the path
Expert:  Leon replied 1 year ago.

Good Morning

Once you have the adoption order then the child is yours and you should be able to apply.

Here is the visa and you look at adoption under arrangements

https://www.border.gov.au/Trav/Citi/Appl/How-to-apply/Child-adopted-overseas-by-an-Australian-citizen