Claiming payments for children entrusted to care as part of the process of adoption or surrogacy 007-07010010

Customers may be eligible for:

• Parental Leave Pay (PPL) and/or Family Tax Benefit (FTB)
• FTB only and Newborn Supplement (NBS) and Newborn Upfront Payment (NBU)

For more information about PPL/FTB (NBS) choice, see Claim choice for a newborn or adopted child.

Birth mothers may be eligible for PPL and/or FTB for maternal recovery when they relinquish the care of their child:

• as part of the process of adoption
• as part of a surrogacy arrangement, or
• where the child has been removed from the customer's care by a state or territory child protection agency

See Claiming payments for children leaving care as part of the process of adoption, surrogacy arrangement, or a child removed by state/territory child protection agency.

PPL is not payable for a child who entered care prior to the process of adoption commencing (referred to as a known adoption).

NBS/NBU is also available for an adopted child of any age who was placed into care as part of the process of adoption. I.e., the child was not in their care prior to the process of adoption commencing.

In cases of foster care, customers may be eligible for NBS and NBU under the entrustment to care category. A customer will not be eligible for NBS for a known adoption.

Is this a known adoption?

• Yes, go to Step 7
• No, go to Step 2

PPL

Generally, customers must claim PPL before the first anniversary of the child’s placement for the purpose of adoption. The entry into care is the first date the child was placed with the parent as part of the adoption process or surrogacy arrangement.

PPL can be backdated up to 100 days.

Child Care Subsidy (CCS)

CCS can only be backdated a maximum of 28 days from date of claim lodgement. However, the start date must be the Monday of a CCS fortnight. The system determines the start date when the claim is processed.

Has the child already entered the customer's care?

• Yes, go to Step 4
• No, go to Step 3

Advise of payment eligibility and claiming options for PPL and FTB for when the child enters their care.

Customers can make a claim for their intended child:

• up to 3 months (97 days) before the expected entry to care date, or
• once they enter care

If the customer has lodged an early claim and the expected entry into care date changes, the customer can advise changes by phone. Staff will then update the relevant information on the customer's record. However, if the expected entry to care date is more than 28 days later, the customer will need to make a new claim:

See: Customer notifies a change of circumstances for Parental Leave Pay (PPL).

• For PPL customers, select the PPL change of circumstances workflow in Process Direct

Procedure ends here.

Customers need to provide:

• proof of adoption following the placement of the child in an adoption, or
• confirmation of surrogacy arrangement following the birth of the child. The surrogate must have relinquished care of the child before determining the customer's claim

For a claim for:

• PPL only or combined PPL/FTB, go to Step 5
• FTB only, go to Step 6
• CCS only, see Claiming Child Care Subsidy (CCS) and Additional Child Care Subsidy (ACCS)

• Customers must claim PPL before the first anniversary of the child’s placement for the purpose of adoption
• For children born or adopted:
• between 1 July 2023 to 30 June 2024, PPL is paid for up to 100 PPL days and must be claimed within 2 years of the date the child entered care
• on or after 1 July 2024, 110 days are available per family and must be claimed within 2 years of the date the child entered care
• Customers must confirm that the surrogate has relinquished care of the child
• The 13 month (392 days) PPL work test period starts prior to the child's expected or actual entry to care date for adoption and surrogacy
• Customers who lodge an early claim and are eligible for PPL can change the expected entry to care date of their child if required
• PPL can be paid to both the surrogate and the gaining parent/s of a child when the claimants meet the PPL eligibility criteria. Different child CRNs are created for the child to ensure privacy requirements are met
• For children born or adopted before 1 July 2023, the primary claimant was required to lodge their initial PPL claim before the child’s first birthday or anniversary into care date. The PPL period ceased to be payable once the day before the child’s first birthday or anniversary into care date. The 30 Flexible PPL days:
• can be accessed before or after the customer returns to work, and
• must be claimed within 2 years of the date the child entered care
• If the initial primary carer is eligible for PPL, they can then transfer some/ or all of it to a secondary claimant. See Eligibility for PPL as a secondary claimant as a secondary or tertiary claimant for children born or entering care before 1 July 2023

PPL is not payable for:

• adopted children who entered care over the age of 16 years
• a child entrusted to care under a formal or informal foster care arrangement and the foster parents adopt the child at a later date. This is because the foster parents did not have the child entrusted to their care for the purpose of adoption and as part of the adoption process. The initial placement was for foster care purposes and not adoption. See the Resources page for examples
• a child entrusted to care under a kinship care arrangement, unless:
• the child was placed for the purpose of adoption by an authorised party, or
• has a Family Court of Australia parentage order for the child, or
• exceptional circumstances apply
• a child who:
• is initially placed in the individual's care as part of a decision by the relevant state or territory child protection agency, and
• a court subsequently entrusts the child to the individual's care as part of a permanent care order
• a known adoption

Note: the adoption process does not need to be finalised for the adoptive parent to meet eligibility for PPL.

For:

• standalone PPL claims, see Table 2, Step 1
• PPL/FTB claims and FTB only claims, go to Step 6

A customer may be eligible for both PPL and FTB. NBS/NBU can only be in the assessment if the customer is not eligible for PPL. See Eligibility for Newborn Supplement (NBS) and Newborn Upfront Payment (NBU).

NBS/NBU is not payable for a known adoption. Carers who have a child enter care before the age of 1 can still be assessed using the entrustment to care rules. This includes both foster carers and other non-parent carers.

For a known adoption, go to Step 7.

Otherwise, see Table 2, Step 1.

The child is in care as part of a known adoption.

PPL eligibility

The adoptive parent would not be eligible for PPL if the child was not placed in their care by an authorised party for the purpose of an adoption.

The claim should reject with reason KAD (Known Adoption) if:

• the child was placed in the customers care as part of a foster care arrangement, or
• the child was in the customers care before the adoption process starting, and
• the adoption is formalising the parental relationship

If the KAD rejection does not occur due to the responses provided in the customer’s claim:

• for PPL only claims:
• in Process Direct within the new claim, key ‘P1CLM’in the SuperKey field to go to the PPL Claim Details screen
• using the edit icon, update the Relationship to Child field to Adoptive Parent (ADP) and Known Adoption field to ‘Y’
• go to the Child Miscellaneous Circumstances (CHM) screen and enter adoption details
• for FTB/PPL combined claims:
• cancel the existing claim and re-enter the original claim information using the Assisted Customer claim (ACC)
• at the question ‘Was <child’s name> in your care prior to the adoption process?’ select ‘yes’

This will trigger the claim to reject KAD (Known Adoption).

If the rejection does not occur for another reason escalate the activity for investigation using the existing escalation protocols.

NBS eligibility

It is essential to establish if the child:

• has been entrusted to the customer's care by an authorised party for the purpose of adoption, or
• If they had already been entrusted to the customer's care before the adoption process

In cases of foster care, the customer may be eligible for NBS and NBU under the entrustment to care category. A customer will not be eligible for NBS under the adoption criteria if a child is a known adoption.

See Eligibility for Newborn Supplement (NBS) and Newborn Upfront Payment (NBU).

Encourage customers to make an online claim as this is the preferred service offer. Ensure customers have 'active' online account access before directing them to claim online.

If it is unreasonable for the customer to claim online Family Assistance or Paid Parental Leave, issue FA100. For CCS, in limited circumstances customers can lodge an offline (paper) claim. See Claiming Child Care Subsidy (CCS) and Additional Child Care Subsidy (ACCS).

There is extra help to assist Indigenous customers make a claim.

Customers must provide information confirming the child has entered their care as part of the process of adoption or surrogacy. They must supply this before receiving payments.

The customer may have adopted, or be in the process of adopting, a child from Australia (local) or overseas. Where the adoption occurred will determine what evidence is required/available.

Australian (Local) Adoption

As part of the adoption process in Australia, a customer is required to:

• initially be assessed as suitable to adopt a child by their relevant state or territory child protection agency
• complete a formal application for adoption

This process is relevant for all adoptions in Australia, including open adoptions where the birth parents retain ongoing contact with the child. Customers whose adoption is not finalised will not have a completed court order but will have a copy of the lodged court documents. That is the application of adoption.

Once the application for adoption is complete, customers adopting a child are issued adoption papers. This confirms:

• the child has been placed in their care for the purpose of adoption, and
• they are in the process of adopting the child, and
• the care arrangement is not a simply a permanent care order with a view to adopt the child or a future potential adoption

If a customer has not submitted a completed application of adoption to the courts, the child is not in care for the purpose of adoption.

In open adoptions, the child may initially have been entrusted to the customers care as part of a permanent care order. For PPL treat these customers as formal foster carers.

Customers claiming for a child entrusted to their care as part of a closed adoption process will not generally have:

• the child’s Australian birth certificate, displaying the birth parents' details, or
• the Newborn Declaration Form (FA081)

Services Australia can use the adoption orders as verification of the child's birth.

Note: the application of adoption cannot be used as proof of birth for the child. Service Officers may need to contact the authorised party to obtain proof of the child's birth when the adoption is not finalised. This is to avoid the risk of any inappropriate ongoing or duplicated payments for the child.

These documents will need to be sent via Fax or posted direct to Services Australia by the authorised party.

As the previous carer/birth parents’ information is confidential, once received, do not scan this information to the adoptive customer’s record. If the adoptive customer has provided these documents, refer the case to the Level 2 Policy Helpdesk. They will arrange appropriate storage of the document.

The child’s previous carer/s and/or biological parent/s information will not be included in any adoption documents. Service Officers may need to contact the relevant state or territory agency or authorised party to get the previous carer’s/birth parents information where the child’s CRN cannot be located. A Service Officer can get this information verbally.

Where an adoptive parent provides a birth certificate or other proof of birth for the child identifying the birth parents, confirm if the child was initially entrusted to the customer’s care as part of the adoption process or under a permanent care order issued by a court or authorised party.

Long term/permanent care of the child until the child is 18 years of age

These are not adoptions, nor has the child been placed in the customers care for the purpose of adoption.

Long term/permanent care orders are a formal foster care arrangement, and these customers are not eligible for PPL for the child. For example, an authorised party such as Barnados may provide a letter indicating the child has been placed in the customers care with the ‘view to adopt’, 'potential adoption' or as ‘part of an adoption process’. If an application for adoption has not been supplied, these customers will generally be foster carers who have a permanent care order.

If unsure:

• ask for the application of adoption which would have been completed and submitted to the courts for these children, and
• refer the case to the Service Support Officer (SSO) via the Direct Referral to SSO webform

The SSO will refer to the Level 2 Policy Helpdesk via the Online Form.

Overseas Adoption

When a customer adopts a child from overseas they will have:

• adoption papers, or
• other confirmation from an authorised party stating the child has been entrusted to the customer's care as part of the process of adoption

Mandatory referral to Level 2 Policy Helpdesk for PPL claims for adopted children

Service Officers must refer all PPL claims for adopted children to the Level 2 Policy Helpdesk for review when:

• the customer has provided all relevant evidence, and
• the Service Officer is satisfied the customer has adopted the child and that the child was entrusted to the customer's care for the purpose of adoption

The Resources page contains links to the Level 2 Policy Helpdesk Online Query form.

For FTB only claims for adopted children, if additional assistance is required Service Officers must seek assistance from their Local Peer Support. If required, the LPS staff member will refer to SSO and/or Level 2 Policy Helpdesk.

Customers may have entered into an Australian altruistic surrogacy arrangement or an overseas surrogacy arrangement, which could be commercial or altruistic. Depending on where the customer made the arrangement will determine what evidence is required.

Australian Surrogacy arrangement

A surrogacy arrangement entered into within Australia must meet the relevant state or territory law. In all Australian states and territories, the surrogacy agreement must be:

• altruistic (the surrogate does not receive any financial payment or other reward for acting as a surrogate)
• signed and finalised by all parties, generally through solicitors before the surrogate becoming pregnant

Gaining parents are required to apply for a parentage order before the child is 6 months of age (12 months for South Australia). Most gaining parents will not have the parentage order completed before claiming PPL. The surrogacy agreement and confirmation that the surrogate has relinquished care of the child is acceptable evidence. Acceptable evidence of a surrogate relinquishing care could include:

• the gaining parent’s Application for Parenting Order submitted to court, or
• an affidavit by the surrogate parent

For more information about Australian surrogacy requirements see the Commonwealth Attorney-General webpage Surrogacy in Australia.

If uncertain if the birth mother has relinquished care, seek assistance from Local Peer Support. They may determine that a referral to Level 2 Policy Helpdesk is required.

Note: a Parenting agreement or custody order is not a parentage order. It would generally indicate the customer does not have a surrogacy agreement that meets their state or territory legislation. These customers may still be eligible for PPL in exceptional circumstances.

Overseas surrogacy arrangement

The majority of overseas surrogacy arrangements are commercial. This means there is usually a contract, and the gaining parents financially compensate the surrogate for carrying the child for them.

All parties involved must sign the finalised surrogacy agreement before the surrogate becomes pregnant.

Following the birth, the gaining parents will have the child’s birth certificate, passport, and possibly court documents confirming the child has been placed into their care as part of a surrogacy arrangement.

For more information about overseas surrogacy requirements for Australians see the Commonwealth Attorney-General webpage Surrogacy in Australia.

If the Service Officer cannot make a determination, refer the case to the Service Support Officer (SSO) via the Direct Referral to SSO webform. The SSO may then determine a referral to the Level 2 Policy Helpdesk via the Online Form is required.

Note: Surrogacy agreement referrals are only required as part of the post-birth claim process. Before completing the referral, make sure the customer has provided all details of the surrogacy arrangement and relevant documentation.

The Resources page contains links to the Direct Referral to SSO webform.

Kinship care applies to children placed with relatives (kin), or individuals without a blood relation but who have a relationship with the child or family. For example, a person from the child's or family's community.

FTB

Customers may be eligible for FTB, including NBS/NBU for a child entrusted to their care under a kinship care arrangement.

PPL

Kinship carers are treated the same as foster parents for PPL. Customers who have taken on the caring responsibilities for a child under kinship care are not eligible for PPL.

Meriba Omasker Kaziw Kazipa Act 2020

Queensland customers may have a child entrusted to their care under the Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020. This Act provides legal recognition in Queensland of Torres Strait Islander families’ continued use of traditional child rearing practice.

Generally, children entrusted to the customers care under this Act will be treated the same as formal foster care for PPL purposes. However, if the customer has applied for a Cultural Recognition Order (CRO), the agency may consider an authorised party placed the child for the purpose of adoption. Once the CRO is finalised by the commissioner under the Meriba Omasker Kaziw Kazipa law the child is considered as adopted. This law only applies to Queensland customers. See Resources for examples.

See also Traditional child rearing practices of Torres Strait Islander people.

Has the customer lodged an effective claim with the relevant proof of adoption or surrogacy arrangement for the child?

• Yes, go to Step 4
• No, and an:
• FA100 was lodged, request the required information, See Information requests for FTB and PPL claims, and Add Newborn and PPL change of circumstances activities. Hold the claim pending the return of all relevant information. Procedure ends here
• Online claim was lodged, attempt to contact the customer by phone to request the missing information (where possible). Before calling, Desktop Electronic Messaging Capability (DEMC) can be used to advise the customer they will be receiving a phone call

If the claim cannot be assessed because information was not provided within the required timeframe as requested, finalise the claim as not effective (NEF). See Step 9 in Table 2 in Processing standalone and combined claims for family assistance and/or Paid Parental Leave scheme payments.

• Yes, go to Step 5
• No, go to Step 6

Have both the customer and child returned to Australia?

• Yes, and the child has entered care as part of an overseas adoption or surrogacy. Check that the child is living with the parent in Australia.
• The customer may provide adoption or surrogacy documents from another country. In some instances, these will need translating. See Translation of documents for the relevant form and costs for using this service
• The documentation needs to confirm the child was entrusted to the customer's care by an authorised party as part of the process in that country. These documents can be acceptable as proof of the adoption or surrogacy. If uncertain contact technical support. They may complete an online referral to Level 2 Policy Helpdesk
• For a child adopted from overseas, see Table 3, Step 6
• For a child entrusted to care as part of an overseas surrogacy arrangement, see Table 4, Step 7
• No:
• consideration of the customer's residence status may be required. If uncertain that the customer meets residency requirements for PPL, check with technical support. They may determine an online referral to Level 2 Policy Helpdesk is required
• Procedure ends here

Before processing the claim for the adopted/surrogate child, search for the child's previous Customer Reference Number (CRN).

The agency may contact the authorised party to locate the child's previous name or carer for 'also known as'. The adopting parents may not know who had care of the child before them.

Do not store information obtained from the authorised party identifying previous carers on the adoptive parent record and vice versa. This is to protect the privacy of customers,

Does a previous CRN for the child exist?

• Yes, go to Step 8
• No, go to Step 7

Contact the authorised party and request information such as the child's previous carer details, for example, birth mother or foster parents.

Ensure the child's previous record is located to prevent any incorrect payments issuing on the previous carers record. If the previous child record cannot be located and assistance is required, contact Service Delivery Support Team - Families & Child Care Portfolio.

Once additional information is provided, has the child's CRN been located?

• Yes, go to Step 8
• No,
• for adopted children see Table 3, Step 6
• for surrogate child/ren see Table 4, Step 7

When there is a previous record for the child, do not update or link the existing child CRN to the adoptive parent's record.

Ensure there is no link between the child's new record and any previous carer's record. This protects the identity of those involved.

Has the child been entrusted to care as part of a surrogacy arrangement?

• Yes, see Table 4, Step 1
• No, go to Step 9

Is there a child CRN where payments have been paid for this child, including Child Care Benefit/Subsidy (CCB/CCS)?

• Yes, see Table 3, Step 1
• No, see Table 3, Step 7

Do not use the same child CRN linked to the birth mother and/or pre adoptive foster carer. This would be a privacy issue. Once the adoption is confirmed, send the child record stored on any previous carer's record to Service Delivery Support Team - Families & Child Care Portfolio.

Do not make any reference to the birth mother or foster carer on the new adoptive parent's record.

Protect the privacy of all parties within an adoption. A new child record is required to protect the identity of the child, birth parents, foster carers and adoptive parents. If unsure about creating an additional record, contact Service Delivery Support Team - Families & Child Care Portfolio.

The customer must provide proof of adoption for the child before making any updates.

Does a new CRN need to be created for this child?

• Yes, e.g., if a foster carer is formally adopting the child, it would not be appropriate to continue using the same child CRN. This is because the CRN is also linked to the birth mother and/or other previous carers. Go to Step 2
• No, e.g., if a step-parent is formally adopting the child in their care and they or the parent of the child is already receiving payments. In this instance, a new CRN does not need to be created. Go to Step 7.

Has the adoptive parent received CCS on the child's existing CRN (i.e. a CRN that is also linked to the previous carer/birth mother) and is child care usage recorded on this Child CRN?

• Yes, a new CRN needs to be created first. Go to Step 3
• No, go to Step 4

Create a new child CRN with a date of event (DOV) for CHI/PAR link using the earlier of:

• CCS Monday no more than 28 days prior to date of adoption, or
• date CCS was granted on the existing child CRN

Note: the CHI/PAR link is limited to one year in the past. If the case requires a link beyond one year, use a DOV of 12 months prior to today's date.

If the incorrect CRN has attendance data recorded post adoption date; send an email to Childcare Subsidy Policy Helpdesk. Copy a Team Leader and the Service Delivery Support Team - Families & Child Care Portfolio team including the following details:

• Customer name and Customer Reference Number (CRN)
• Full name and date of birth of adopted child
• Date of adoption
• New child adoptive CRN
• Previous child CRN

Do not complete any further coding on the incorrect child CRN to trigger cancellation of CCS.

Record a note in PD advising referral to CCS Level 3 Policy Help desk to investigate CCS attendance data.

If further action is necessary after attendance data is correct, the referring Service Officer will receive an email response. On receipt of the confirmation email, go to Step 4.

Where no further action is necessary by referring Service Officer, procedure ends here.

Code the child as 'LCC' (left customer care) using the date the child left care. See Child leaves customer's care/custody.

Note: PPL can be paid to eligible birth mothers who no longer have care of the child due to:

• adoption
• surrogacy, or
• where child protection has removed the child

This is intended to allow time away from work for maternal recovery purposes. However, this is only within the:

• 20 week period following the birth if the birth was between 1 July 2023 and 30 June 2024
• 22 weeks following the birth if the birth was on or after 1 July 2024

If any overpayment is created as a result of this update, refer the debt to the relevant debt team for investigation.

Record adoption details

On the birth parent/previous carer's record, record a DOC that the child is adopted and has a new record. Do not record any further information such as the child's new name, CRN or adoptive parent details.

Refer child record to Service Delivery Support Team - Families & Child Care Portfolio

• Create a new CRN for the child on the adoptive parent’s record
• Refer the child's previous CRN via email to Service Delivery Support Team - Families & Child Care Portfolio
• Insert 'New adopted child record' in the subject line
• Include in the referral:
• the child's original name and CRN and the adoptive child's new CRN, and
• any reference to adoptive papers/documents stored on the record

The old CRN record will become a 'PER'son record (if it was 'CHI'ld record) and will remain visible. However, Service Delivery Support Team - Families & Child Care Portfolio will prevent any future use of that reference number. Families and Child Care SSO specialist staff will review entitlement of previous carers during data cleansing process.

Referral for other issues

Refer any CRN issues about pre-adoptive care, child names, aliases, and privacy issues online to the Level 2 Policy Helpdesk.

Did the adoptive parent receive CCB on the existing child's CRN after the date of adoption?

• Yes, a workaround is necessary as child care usage for past periods cannot be move from the existing CRN. See CCB usage on adopted child existing record for coding details, then continue below
• No, and the adoptive parent:
• received or is receiving other payments (not CCB) for this child. Continue with coding below
• did not receive any payments on existing child CRN. Go to Step 6

If the child has an existing CRN and the adoptive parent is receiving or received payments for this child:

Process Direct

• On the CHC screen, code 'LCC' (left customer care) in Care Status: field on the adoptive carers record. Add Date of Event (DOV) as date paid to plus 1
• Create a new CRN for the child, (ensuring new name details are recorded) on the adoptive parents’ record
• On the CHC screen, code the new child CRN 'ICC' (in customer care) with DOV as date paid to plus 1, and
• Update CHM screen with the date and applicable adoption type. This will prevent any interruption or discrepancy with the customer's payments.
• Update the CHRE page with the adoption details

Note: PPL or NBS/NBU are not payable for a known adoption.

Customer First:

• On the CHC screen, code 'LCC' (left customer care) in Care Status: field on the adoptive carers record. Add Date of Event (DOV) as date paid to plus 1
• Create a new CRN for the child, (ensuring new name details are recorded) on the adoptive parents’ record
• On the CHC screen, code the new child CRN 'ICC' (in customer care) with DOV as date paid to plus 1, and
• Update CHM screen with the date and applicable adoption type. This will prevent any interruption or discrepancy with the customer's payments.
• Update the !CHRE page with the adoption details

Note: PPL or NBS/NBU are not payable for a known adoption.

Record adoption details

On the birth parent/previous carer's record, record a DOC that the child has been adopted and has a new record. Do not record any further information such as the child's new name, CRN or adoptive parent's details.

Refer child record to Service Delivery Support Team - Families & Child Care Portfolio

• Refer the child's previous CRN via email to Service Delivery Support Team - Families & Child Care Portfolio
• Insert 'New adopted child record' in the subject line
• Include in the referral:
• the child's original name and CRN and the adoptive child's new CRN, and
• any reference to adoptive papers/documents stored on the record

The old CRN record will be a 'PER'son record (if it was a 'CHI'ld record) and will remain visible. However, Service Delivery Support Team - Families & Child Care Portfolio will prevent any future use of that reference number. Families and Child Care SSO specialist staff will review entitlement of previous carers during data cleansing process.

Referral for other issues

Refer any CRN issues about pre-adoptive care, child names, aliases, and privacy issues online to the Level 2 Policy Helpdesk.

Go to Step 8.

Create a new CRN for the child

Code the child's name using the details provided by the adoptive parents and authorised party. Do not record the birth parents details on the child’s new CRN.

When processing the claim ensure the correct coding is completed on the CHM screen and Child Relationships !CHRE/CHRE screen.

For adoptions, including when a child is placed with foster carers as part of an adoption process and for the purpose of adoption

Process Direct

Code the following fields on the CHM screen with the adoption details:

• Event Date: code the date the child was adopted or entrusted to the customer’s care
• Adopted: Y
• Adopt outside Australia: Yes only. If child is adopted from Australia leave this blank
• Date of Arrival: the date that the child entered Australia
• Adoption type: This is a mandatory field. Options are:
• Known
• Local, or
• Overseas
• Principal Carer Type: Adoptive Parent
• On the CHRE page code:

Relationship: Adoptive parent and if the customer has a partner. Select this person's relationship to the child from the drop down box

Customer First

Code the following fields on the CHM screen with the adoption details:

• Event Date: code the date the child was adopted or entrusted to the customer’s care
• Adopted: Y
• Adopt outside Australia: Yes only. If child is adopted from Australia leave this blank
• Date of Arrival: the date that the child entered Australia
• Adoption type: This is a mandatory field. Options are:
• Known
• Local, or
• Overseas
• Principal Carer Type: Adoptive Parent
• On the !CHRE page code:
• Relationship: Adoptive parent and if the customer has a partner. Select this person's relationship to the child from the drop down box

Proof of birth contains birth mother’s name

If the customer has adopted a newborn child and they have not received proof of birth of the child, contact may be required with the relevant authorised party. The authorised party may:

• provide a letter from the hospital, or in isolated cases
• have the Newborn Child Declaration (FA081) from the hospital

If these documents are provided, DO NOT attach them to the adoptive parent’s record. Refer the case to the Level 2 Policy Helpdesk. They will arrange appropriate storage of the document.

Birth registration

Birth registration requirements do not apply to:

• stillborn children
• adoptions
• children born overseas, or
• children entrusted to care as part of a surrogacy arrangement

Foster Care Health Care Card for children placed with foster carers for the purpose of adoption

Where a customer is claiming PPL for a child entrusted to them by an authorised party as part of the process of adoption, and they want to claim for a Foster Health Care Card for the child:

• An override will need to be recorded to enable the Foster Child Health Care Card (FST) to issue/continue
• Refer the case to the Level 2 Policy Helpdesk who will arrange for the override to be applied. Ensure the details of the case are provided, including the customer's CRN

Referral for other issues

Refer any CRN issues about pre-adoptive care, child names, aliases, and privacy issues online to the Level 2 Policy Helpdesk.

Go to Step 8.

A new CRN does not need to be created if a step parent is formally adopting the child. This is a known adoption.

Update the relevant fields on the CHM screen and the !CHRE/CHRE screen.

Procedure ends here.

For children born overseas, residency screens should be checked and coded. See Coding the CRES, ARD and RSS screens Table 1, Step 11 for CHCRES coding.

See Processing standalone and combined claims for family assistance and/or Paid Parental Leave scheme payment.

Procedure ends here.

Do not use the same child CRN linked to the surrogate and/or gaining parent. This is a privacy issue. Once the surrogacy arrangement is confirmed, send the information about both child records to the Service Delivery Support Team - Families & Child Care Portfolio.

Has the gaining parent received CCS on the child's existing CRN (i.e. a CRN that is also linked to the surrogate/birth mother) and is child care usage recorded on this Child CRN?

• Yes, a new CRN needs to be created first. Go to Step 3
• No, go to Step 4

Create a new child CRN with a date of event (DOV) for CHI/PAR link using the earlier of:

• CCS Monday no more than 28 days prior to date of surrogacy arrangement, or
• date CCS was granted on the existing child CRN

Note: the CHI/PAR link is limited to one year in the past. If the case requires a link beyond one year, use a DOV of 12 months prior to today's date.

If the incorrect CRN has attendance data recorded post surrogacy arrangement date; send an email to Childcare Subsidy Policy Helpdesk. Copy a Team Leader and the Service Delivery Support Team - Families & Child Care Portfolio including the following details:

• Customer name and Customer Reference Number (CRN)
• Full name and date of birth of surrogate child
• Date of surrogacy arrangement
• New child surrogacy CRN
• Previous child CRN

Do not complete any further coding on the existing child CRN to trigger cancellation of CCS.

Record a note in PD advising referral to CCS Level 3 Policy Help desk to investigate CCS attendance data.

If further action is necessary after attendance data is corrected, the referring Service Officer will receive an email response. On receipt of the confirmation email, go to Step 4.

Where no further action is necessary by the referring Service Officer, procedure ends here.

In a surrogacy arrangement the surrogate may be eligible to receive PPL for the child. If they remain eligible, this if for up to:

• 20 weeks following the birth if the birth was between 1 July 2023 and 30 June 2024
• 22 weeks following the birth if the birth was on or after 1 July 2024

Is the surrogate receiving PPL only for the child?

• Yes, go to Step 6
• No, go to Step 5

Code the child as 'LCC' (left customer care) using the date the child left care. See Child leaves customer's care/custody.

If an overpayment is creates resulting from this update refer the debt to the relevant debt team for investigation.

Create a new CRN for the child on the gaining parent's record. Note: there cannot be a link between the gaining parent and surrogate.

Record surrogacy details

On the birth parent/previous carer's record, add a DOC stating that during the surrogacy arrangement they relinquished care. State that the child has a new record. Do not record any further information such as the child's new name, CRN or gaining parents’ details.

The claimant must provide proof of the surrogacy arrangement for the child before any updates occur. Once surrogacy confirmed, send the child record stored on any previous carer's record to the Service Delivery Support Team - Families & Child Care Portfolio.

Refer child record to Service Delivery Support Team - Families & Child Care Portfolio

• Refer the child's previous CRN via email to Service Delivery Support Team - Families & Child Care Portfolio
• insert 'New surrogate child record' in the subject line
• include in the referral:
• the child's original name and CRN and the gaining parent’s new child CRN
• any reference to surrogacy papers/documents stored on the record

The old CRN record will be a 'PER'son record (if it was 'CHI'ld record) and will remain visible. However, Service Delivery Support Team - Families & Child Care Portfolio will prevent any future use of that reference number.

Referral for other issues

Refer any CRN issues about pre-adoptive care, child names, aliases and privacy issues online to the Level 2 Policy Helpdesk.

To create a new CRN for this child and process the claim, go to Step 7.

Both the surrogate and gaining parent may be eligible to receive PPL for the same child. Create a new CRN for the child on the gaining parent's record. Note: there cannot be a link between the gaining parent and surrogate.

Processing order for gaining parents in a surrogacy arrangement

It is important to process claims for gaining parents in the correct order to ensure the correct outcome. The gaining parent in a surrogacy (GPS - Approval Giver’s) claim should be processed first to ensure the correct gaining care date is applied to both claimants. This processing requirement applies to pre-birth claims, post-birth claims, and Add Newborn tasks.

When a gaining parent in a surrogacy (GPS - Approval Giver) and the partner of a gaining parent (GPP - Approval Seeker) are PPL/ASS-PCB, both customers need to complete the Add Newborn task. Evidence is required to verify the child has entered their care.

Where the partner of a gaining parent (GPP - Approval Seeker) is the first person to submit their Add Newborn task:

• make a genuine attempt to contact the gaining parent in the surrogacy by phone to request they complete the Add Newborn task. Use Desktop Electronic Messaging Capability (DEMC) to inform the gaining parent of the intended contact by phone
• If unable to contact:
• manually create a Q999 letter to the GPS requesting they contact
• hold the GPP’s Add Newborn activity to align with the due date on the GPS’s request for information (RFI) letter

Where the gaining parent in a surrogacy (GPS - Approval Giver) does not complete the Add Newborn task by the due date:

• contact the partner of the gaining parent (GPP - Approval Seeker) and advise them t their claim will be finalised based on the information provided within their Add Newborn task
• If a different gaining care date is subsequently provided by the Approval Giver they may have been overpaid and PPL days rejected if they are before the actual gaining care date
• Document the conversation and any additional updates required on the customers record.

If the gaining care date needs to be updated, navigate to the gaining parent’s record (GPS – Approval Giver) on the Parental Leave Pay (PPL) Approval Giver Details (P1AGD) and PPL Claim Details (P1CLM) screens to change the date. If the Gaining care date is prior to child date of birth, escalate the CRN to via email to the Business Process and Design team.

Record surrogacy details

On the birth parent/previous carer's record, add a DOC stating that during the surrogacy arrangement they relinquished care. See Claiming payments for children leaving care as part of the process of adoption, surrogacy arrangement, or a child removed by state/territory child protection agency for any relevant coding required for the birth mother relinquishing care.

State that the child has a new record. Do not record any further information such as the child's new name, CRN or gaining parent’s details. For more information, see Child leaves customer's care/custody.

The gaining parent must provide proof of the surrogacy arrangement for the child before any updates occur. Once surrogacy confirmed, send the details of the previous child record stored on any previous carer's record to the Service Delivery Support Team - Families & Child Care Portfolio. They will ensure only eligible payments continue and the record is then locked to prevent future payments/change of care coding.

Refer child record to Service Delivery Support Team - Families & Child Care Portfolio

• Refer the child's previous CRN via email to Service Delivery Support Team - Families & Child Care Portfolio
• Insert 'New surrogate child record' in the subject line
• Include in the referral:
• the child's original name and CRN and the adoptive child's new CRN, and
• any reference to surrogacy papers/documents stored on the record

The old CRN record will be a 'PER'son record (if it was 'CHI'ld record) and will remain visible. However, Service Delivery Support Team - Families & Child Care Portfolio will prevent any future use of that reference number.

Referral for other issues

Refer any issues about the creation of the new CRN or care arrangements of the child, child names, aliases and privacy issues online to the Level 2 Policy Helpdesk. See Resources page for a link to the form.

Does a new CRN need creating for this child?

• Yes, e.g. if the surrogate was receiving payments for the child. Go to Step 7

No, a new CRN is not necessary (e.g., when only the gaining parents have applied for payments for the child). Process the claim for surrogate child/ren, see Processing standalone and combined claims for family assistance and/or Paid Parental Leave scheme payments

Create a new CRN for the child.

When processing the claim ensure the correct coding is complete on the:

• PPL Claim Details (P1CLM) screen (pre and post birth claims)
• Child miscellaneous circumstances(CHM) screen, and
• Child Relationships(CHRE) screen (post birth claims only)

This coding also applies to biological fathers who have had a child entrusted to their care via a surrogacy arrangement.

Process Direct

In the new claim, key ‘P1CLM’ in the SuperKey: field to go to the P1CLM screen.

• For children born on or after 1 July 2023:
• select Edit, update the Relationship to Child: field to Gaining parent in surrogacy (GPS) or Partner of gaining parent in surrogacy (GPP)
• on the P1CLM screen, update:
  In care at least 26 weeks: Y
  Expected enter care date
  Gaining Care Date: date child entered care/expected to enter care (only required for children born on or after 1 July 2023)
• For children born before 1 July 2023:
• select Edit, update the Relationship to Child: field to Other Legal Parent (OLP)
• on the P1CLM screen, update:
  Incapable of care 26 weeks: Y
  In care at least 26 weeks: Y
  Incap verified: to VEF - Required and Verfied

Key ‘CHM‘ in the SuperKey: field to go to the CHM screen:

• Event Date: code the date entered the claimant's care. This should be in the surrogacy arrangement
• Adopted: N
• Principal Carer Type: Natural/artificial conception/legal surrogacy

Go to the child’s record from the Relations menu. On the CHRE screen:

• Relationship: due to a system limitation, code 'Other'. If the claimant has a partner, select this person's relationship to the child from the drop down box

Customer First

On the CHM screen:

• Event Date: code the date entered the claimant’s care. This should be in the surrogacy arrangement
• Adopted: N
• Principal Carer Type: Natural/artificial conception/legal surrogacy

On the !CHRE screen, code:

• Relationship: due to a system limitation, code 'Other'. If the claimant has a partner, select this person's relationship to the child from the drop down box

Ensure the agency has verification of the newborn child's birth.

Birth registration

Birth registration requirements do not apply to:

• stillborn children
• adoptions
• children born overseas, or
• children entrusted to care as part of a surrogacy arrangement

For children born overseas, residency screens should be checked and coded. See Coding the CRES, ARD and RSS screens Table 1, Step 11 for CHCRES coding.

Continue to process the claim for surrogate child/ren, See Processing standalone and combined claims for family assistance and/or Paid Parental Leave scheme payment.

Referral for other issues

Refer any CRN issues about child names, aliases, and privacy issues online to the Level 2 Policy Helpdesk.