Adoption Visa (Subclass 102)
The Adoption visa allows an eligible child adopted, or in the process of being adopted, outside Australia to live permanently in Australia with their adoptive parent.
A foreign adoption does not automatically establish visa eligibility. Home Affairs assesses whether the adoption and sponsorship meet Australian migration law. The Department does not arrange overseas adoptions or issue letters supporting an expatriate adoption.
What is the Subclass 102 Adoption Visa?
Subclass 102 is a permanent Child visa for prescribed intercountry and expatriate adoption arrangements. The child must be outside Australia when the application is lodged and when the visa is decided.
When granted, the child can live in Australia indefinitely, work and study, enrol in Medicare, sponsor eligible relatives and apply for Australian citizenship when eligible.
Key benefits
Eligible adoption arrangements
The child must have been adopted or be in the process of adoption through an intercountry arrangement involving an Australian state or territory central authority; an eligible Hague Convention adoption between two countries other than Australia; or a qualifying expatriate adoption.
For an expatriate adoption, at least one adoptive parent must be an Australian citizen, eligible New Zealand citizen or Australian permanent visa holder and must have lived outside Australia for more than 12 months immediately before the visa application. The overseas residence must not have been arranged to avoid Australia's intercountry adoption laws.
Child and sponsor requirements
The child must have been under 18 when adopted and must remain under 18 both when the application is lodged and when Home Affairs makes its decision. An eligible adoptive or prospective adoptive parent must sponsor the child, and the sponsorship must be approved before visa grant.
The child must meet health requirements and, if aged 16 or older, character requirements. Home Affairs must also be satisfied that granting the visa is in the child's best interests. Child-protection sponsorship measures can affect eligibility where a sponsor or their partner has relevant charges or convictions.
How the Adoption visa process works
Confirm the adoption pathway
Identify whether the case involves a central authority, Hague arrangement or qualifying expatriate adoption.
Check child and sponsor eligibility
Confirm age, location, sponsor status, relationship and child-protection requirements.
Collect adoption evidence
Obtain adoption orders, compliance certificates, central-authority letters and evidence of full parental rights.
Lodge the prescribed forms
Submit the current child visa and sponsorship forms with payment and supporting documents through the required channel.
Complete checks and await decision
Respond to health, character, biometrics or further-information requests while the child remains outside Australia.
Expatriate adoption requirements
The adoptive parent must hold full and permanent parental rights, with no remaining legal ties between the child and the birth parents, and the adoption must comply with the law of the child's home country. An overseas adoption valid under local law may still fail to meet Australian visa criteria.
Families considering an expatriate adoption should obtain independent legal advice in Australia and the child's country before proceeding. Home Affairs states that Adoption visa applications cannot be accepted for children adopted in Pakistan.
Application and decision location
The child must be outside Australia when the application is made and when the visa is granted. Families should not arrange travel to Australia until Home Affairs confirms the visa grant in writing.
The application currently uses the prescribed paper forms and delivery method published by Home Affairs. Once acknowledged, eligible applications may be imported into ImmiAccount to upload documents, receive messages and manage updates.
Australian citizenship by adoption
Some children whose adoption is finalised overseas under the Hague Adoption Convention or a recognised bilateral arrangement may be eligible to apply directly for Australian citizenship by adoption. If citizenship is granted, the child can travel on an Australian passport and may not need a Subclass 102 visa.
The correct pathway should be checked before lodging because citizenship and visa eligibility involve different legal requirements.
Important Subclass 102 Considerations
- The child must remain under 18 through the visa decision.
- The child must apply and receive the decision outside Australia.
- The adoption must fit a prescribed eligible arrangement.
- The adoptive or prospective adoptive parent must be an approved sponsor.
- An overseas adoption alone does not guarantee visa eligibility.
- Health, character and best-interests requirements apply.
- Check whether citizenship by adoption is available first.
Including other children
Each adopted sibling seeking an Adoption visa needs a separate application. An eligible dependent child of the primary child applicant may be included before a decision, subject to health and other requirements.
Documents commonly required
Evidence may include the child's passport and identity records, photographs, birth certificate, adoption order or compliance certificate, central-authority support, custody and parental-rights documents, sponsor citizenship or residence evidence, relationship records, overseas-residence evidence for expatriate cases, health examinations and character documents for applicants aged 16 or older.
How Echoes Global Education can assist
Our migration team can assess the proposed adoption pathway, child and sponsor eligibility, explain visa versus citizenship options, prepare a tailored document checklist and assist with the Child visa and sponsorship application process.