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To be eligible to apply for an Adoption visa (subclass 102), the child must:
- have been or be in the process of being adopted through an intercountry adoption or arrangement with the involvement of an Australian state or territory central authority, or
- have been or be in the process of being adopted through an intercountry adoption between 2 countries (other than Australia) that are parties to the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption (the Hague Adoption Convention), or
- have been adopted through an expatriate adoption (with no Australian state or territory central authority being involved). The adoption must be by an Australian citizen, an eligible New Zealand citizen or the holder of an Australian permanent visa. They must have been residing outside Australia for more than 12 months immediately before lodging the visa application.
For further information on adopting a child see Intercountry Adoptions Australia.
Children adopted under the Hague Adoption Convention
A child may be eligible for Australian Citizenship if the intercountry adoption is:
- finalised outside Australia under the Hague Convention, or
- a recognised bilateral arrangement.
If we grant the child Australian citizenship they can enter Australia on an Australian passport and will not need to apply for a visa.
For further information see Become an Australian citizen (by adoption).
Expatriate adoptions
Australian Government has no role
The Australian Government, including the Department of Home Affairs, has no role in the overseas expatriate adoption process.
The Australian Government, including our Department, does not provide documents that support or endorse expatriate adoptions overseas. This includes letters of support or certificates of no objection.
If an overseas authority asks you to obtain a document of support for an expatriate adoption, you can advise them to email info@intercountryadoption.gov.au
We only assess and decide adoption visa applications. A visa will only be granted if all eligibility requirements are met.
Eligibility requirements for expatriate adoptees entering Australia
If the child is adopted through an expatriate adoption, and you (the adoptive parent) are considering bringing them to Australia, then, amongst other criteria, all of the following must be met:
- at least one adoptive parent must have resided outside Australia for more than 12 months immediately before lodging a visa application
- the adoptive parent must not have resided overseas to avoid Australia’s intercountry adoption laws
- the adoptive parent must have full and permanent parental rights (no remaining legal ties between the child and the birth parents can exist)
- the adoption must adhere to adoption laws of the home country.
Seek legal advice
If a child has been legally adopted in an overseas country (not Australia) under that country’s law, it does not guarantee that the overseas adoption will meet the requirements of an Adoption (Subclass 102) visa.
We recommend you obtain independent legal advice both in Australia and in the child’s country of usual residence before proceeding with an expatriate adoption.
