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Adoption Visa Subclass 102: What this Adoption visa lets you do
This is a permanent residence visa. It allows the child to:
If the adoption is through a state or territory adoption authority, you can lodge the application before the adoption is finalised.
Seek advice from your closest state and territory adoption authority before starting any adoption process to adopt a child from outside Australia.
In Australia, the processing of inter-country adoptions is the responsibility of state and territory central adoption authorities. These authorities manage arrangements for adopting children from overseas, including assessing and approving prospective adoptive parents.
The department of immigration and border protection cannot help arrange an adoption. The department of immigration and border protection role is to assess and decide applications for visas.
You should first seek legal advice about adoption law in both Australia and the country in which the child lives.
For a child to be eligible for an Adoption visa, one of the following must apply:
Note: From 14 December 2015, the Department is unable to accept Adoption visa applications for children who have been adopted in Pakistan. This country is specified in a legislative instrument.
See: Arrangements for child visa applications 2015
If you intend to adopt, or have adopted, a child from Pakistan, you will be unable to lodge a valid application for an Adoption visa for the child with the Department.
Your relevant Australian state and territory adoption authority must be involved in managing the adoption process with the country where the child is living.
Contact the adoption authority before you start the adoption process. The department of immigration and border protection cannot grant a visa to a child who does not meet the visa requirements even if they have been adopted lawfully in the child’s home country.
Australian adoption authorities usually arrange adoptions through countries that:
In these cases, the adoption authority or an institution in the child’s home country will allocate the child to you. The authorities also ensure that local adoption laws have been complied with and that the child is legally allowed to leave their country for Australia.
The Hague Adoption Convention
A child adopted under The Hague Adoption Convention will need an adoption compliance certificate. This certifies that the adoption meets all the requirements of The Hague Adoption Convention. A visa cannot be granted until this certificate has been issued and a certified copy provided to the department of immigration and border protection.
In some cases, children born outside Australia who are adopted under The Hague Adoption Convention are eligible for Australian citizenship. You should seek legal advice, as the child might not have to apply for a visa.
Bilateral agreements
A child adopted under a bilateral agreement must have a letter from an Australian state or territory adoption authority that shows the child has been adopted through an adoption authority or an institution in the child’s home country. This letter must be included with the child’s visa application.
Some people decide to adopt a child while they are living outside Australia without the support of an Australian state and territory adoption authority. These adoptions are called expatriate adoptions. You can sponsor a child adopted outside Australia for an Adoption visa if the child has not turned 18 years of age and you:
Australian state and territory adoption authorities do not usually support privately arranged adoptions from either in or outside Australia, including the adoption of children who are relatives. They are not able to help children or sponsors meet the requirements for granting a visa to an adopted child.
Adoptive parents need to ensure that any privately arranged adoption is legal. If you want to adopt a child from outside Australia without using an Australian state and territory adoption authority, it is strongly recommended that you first seek legal advice both in Australia and in the country where the child lives. This Adoption visa cannot be granted to a child who does not meet the requirements for this Adoption visa, even if an adoption is legal in the child’s home country.
The visa application charges are listed in Fees and charges.
You might have to pay other costs, such as the costs of health assessments, police certificates, or any other certificates or tests. You are responsible for making the necessary arrangements.
An adoptive parent will usually lodge the application for this Adoption visa on behalf of the child.
To be able to get the visa, the child must:
The child must also be sponsored by an adoptive parent who is:
An adoptive parent must have done one of the following:
If you are living outside Australia, you can adopt the child from the country in which you have been living, or from another country.
This Adoption visa will not usually be granted if it is against the best interests of a child younger than 18 years of age.
Measures for the Protection of Children has more information.
The department of immigration and border protection might ask for an assurance of support for the child so that welfare costs for some migrants are not borne by the Australian community.
Do not provide an assurance of support unless the department of immigration and border protection ask for one and tell you what you need to do.
The child must meet certain health requirements. The results are usually valid for 12 months. This also applies to any member of your family unit included in your application, whether they are migrating or not.
Additional information on the health requirement and health waivers for adoption applicants is available.
A child older than 16 years of age must meet certain character requirements. They must be prepared to provide a police certificate from each country they have lived in for 12 months or more during the past 10 years after they turned 16 years of age. Do not arrange for police certificates until the department of immigration and border protection ask you to.
The child must have no outstanding debts to the Australian Government or have arranged to repay any outstanding debts to the Australian Government.
The child might be asked to provide biometrics (a scientific form of identification) as part of the application. Countries and visa subclasses included in the biometrics program has more information.
You might be able to include your child in the visa application.
Any children included in the visa application must meet the requirements for including family members in your application.
The application must include documentary evidence of their relationship to you.
Children who are included as members of your family unit must be able to show that they meet health and character requirements.
Your siblings will need to lodge their own application.
This information explains what you need to do to apply for an Adoption visa (subclass 102).
The child must be outside Australia when the application is lodged and when the application is decided.
You need to provide documents to prove the claims you make in the application. The documents are listed in the Document checklist.
Some documents could take some time to obtain. You should have them ready when you lodge the application to reduce any delays in processing.
Note: From 14 December 2015, the Department is unable to accept Adoption visa applications for children who have been adopted in Pakistan. This country is specified in a legislative instrument.
See: Arrangements for child visa applications 2015
If you intend to adopt, or have adopted, a child from Pakistan, you will be unable to lodge a valid application for an Adoption visa for the child with the Department.
Complete the following two forms and lodge them together.
The child or their sponsor should complete:
Sponsoring parents should complete:
The forms must be completed in English. Provide all relevant documents and pay the visa application charge when you lodge the application.
Lodge your application at one of the immigration offices outside Australia, which will tell you how you can pay. There is also further information available on the methods of payment accepted by the department of immigration and border protection.
Please refer to preparing your application, for information on:
After you have lodged your application and documents, the department of immigration and border protection will acknowledge that the department of immigration and border protection have received your information.
The department of immigration and border protection have visa processing time service standards for each visa.
Your application could take longer if the child needs character or health checks (including x-rays), you need to provide more information, or the application is incomplete.
Do not arrange for the child to travel to Australia until you are advised in writing that the visa has been granted.
You can provide more information to, at any time until a decision is made on the application. If you want to correct information you provided, use:
The department of immigration and border protection could also ask you for more information. You will have to respond by a set date. After that date, the department of immigration and border protection can make a decision about your application using the information that the department of immigration and border protection have.
If another person gives the department of immigration and border protection information that could result in you being refused a visa, the department of immigration and border protection will usually give you the opportunity to comment on the information.
You might also be interviewed. If you are asked to attend an interview in person, bring your passport or other identification and any requested documents to the interview.
Tell the department of immigration and border protection if your circumstances or the child’s circumstances change. Use the following forms:
​You can withdraw the application at any time before the department of immigration and border protection make a decision about it. To do this, send the department of immigration and border protection a letter or email to ask for the withdrawal. Your request must include your full name and date of birth. You should also include your file reference number, client ID, or a Transaction Reference Number.
​​​All applicants 18 years of age or older, wishing to withdraw, must sign the request for withdrawal. ​​​​​​
If the visa is granted, the department of immigration and border protection will let you know:
If the visa is not granted, the department of immigration and border protection will let you know:
You need to provide documents to support your application for this Adoption visa. The department of immigration and border protection can make a decision using the information you provide when you lodge your application. It is in your interest to provide as much information as possible with your application.
Provide certified copies of original documents. Do not include original documents unless the department of immigration and border protection specifically ask for them. Police certificates should be original documents. Documents not in English must be accompanied by accredited English translations.
Use this checklist to make sure your application is complete.
Lodge these forms at the same time:
Provide the original certificates and keep a copy for yourself.
If relevant, provide the same documents for anyone included as a dependent child in the child’s application.
Provide the original documents with the application, and keep a copy for yourself.
You do not need these documents if the sponsor already has them as part of adopting the child through an Australian state or territory adoption authority.
This is a permanent residence visa. It allows the child to:
The child must comply with all Australian laws and all visa conditions. This includes:
You must tell the department of immigration and border protection in writing if circumstances change in a way that could affect the child’s eligibility for a visa, or your eligibility to sponsor the child.
If an adoption is not finalised or if it is not recognised by a state or territory adoption authority when the child enters Australia, the Minister for Immigration and Border Protection will be the guardian of the child. The guardianship powers are delegated to state and territory welfare authorities.
The minister stops being the guardian if any of the following occur:
To be a sponsoring parent, you must be:
You must also be:
You do not need to be in Australia to sponsor the child for this Adoption visa. You can sponsor the child for this Adoption visa if you have:
This Adoption visa will not usually be granted if it is against the best interests of a child younger than 18 years of age.
Measures for the Protection of Children has more information.
You must meet certain character requirements. You must be prepared to provide a police certificate from each country you have lived in for 12 months or more during the past 10 years after you turned 16 years of age. Do not arrange for police certificates until the department of immigration and border protection ask you to.
The department of immigration and border protection might ask for an assurance of support for the child so that welfare costs for some migrants are not borne by the Australian community.
Do not provide an assurance of support unless the department of immigration and border protection ask for one and tell you what you need to do.
As the sponsoring parent, you must agree to:
Source: The Australian Department of Home Affairs (www.homeaffairs.gov.au). Please visit www.border.gov.au to get updated information.
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