ADOPTION VISA (102) Guide

Australian Parent Adoption Visa Overview

For the Child:

They must be under 18 when you apply and when the visa is granted. They also need to be outside Australia for both these steps.

For the Parent(s):

You need to be the one legally adopting the child and be an Australian citizen, a permanent resident, or an Eligible New Zealand Citizen.

Different Pathways

Australian immigration law recognises that international adoptions happen in a few different ways:

1. Hague Convention Adoptions: This is the most common pathway. It is where adoptions between Australia and other countries that have signed the Hague Convention on Intercountry Adoption.
2. Bilateral Adoptions: Australia has special one-on-one agreements with a couple of countries that aren’t part of the Hague Convention (currently South Korea and Taiwan). These work in a very similar way, with strong safeguards in place.
3. Expatriate (or Private) Adoptions: This is a pathway for Australians who have been genuinely living overseas for more than 12 months and have adopted a child according to the laws of that country. You need to prove that the adoption is legal, permanent and not just for the purposes of living abroad just to arrange the adoption.

Requirements for the Visa

• Sponsorship: You must be approved as a sponsor for your child.
• A Real, Legal Adoption: You need proof that the adoption is legally complete and gives you full, permanent parental rights. This isn’t for informal care arrangements; it must be a formal adoption recognised by the law in the child’s home country.
• The Child’s Well-being: Ensure that adoption is in the best interests of the child. The child will also need to meet health and character checks.

Steps on how to lodge Adoption Visa

1. The main form is the Form 47CH (Application for migration to Australia by a child).
2. Lodge the Application: This is where people often trip up. You cannot lodge this application online or at just any immigration office. It must be mailed or couriered to a specific address: the Child and Other Family Processing Centre in Western Australia. Sending it anywhere else will make it invalid. Seriously. Check the address on the Home Affairs website before you post it.

Frequently Asked Questions

“Can my adopted child get Australian Citizenship directly?”

Yes, if you are an Australian citizen and your adoption was completed through the full Hague Convention or a bilateral agreement, you might be able to apply for Australian Citizenship by Adoption directly. This is often a much simpler and faster process than the visa. It is absolutely worth looking into this option first!

“What’s the go with surrogacy?”

Surrogacy and adoption are treated very differently. This visa is generally not the right path for surrogacy arrangements. If one of the parents is biologically related to the child, you would typically look at a Child visa (Subclass 101) instead. Using the adoption visa for a surrogacy case is extremely difficult and rarely successful.

“Can the child come to Australia while the adoption is being finalised?”

In some specific Hague Convention cases, yes. This is usually when the final adoption order is meant to be granted in Australia under the supervision of your state or territory’s adoption authority. These are complex cases with their own specific rules.

Important Note

This is a big journey, and getting it right is everything. This guide is here to give you the lay of the land, but it’s no substitute for the official word. Always use the latest information from the Department of Home Affairs website or consider speaking with a registered migration professional for advice on your specific situation.

Visa Summary

This visa allows children that are adopted outside Australia to live with their parents.

The child must:

• At time of application be outside Australia
• Be under 18 years old when they were adopted, when they apply for the adoption visa and when Immigration makes a decision on the adoption visa
• Be legally adopted or be in the process of being legally adopted by their parent

The sponsor must be:

• 18 years of age or older
• An Australian citizen, Australian permanent resident or eligible New Zealand Citizen
• The child’s adoptive parent or soon-to-be adoptive parent

Contact Us

We have vast experience in adoption visas. If you need help for your Adoption visa, contact us at info@visaeducationexperts.com.au or +61 414 588 942.

Disclaimer: Information provided in this website is general in nature and does not constitute immigration advice.

The information on this website can change without notice and we do not guarantee the accuracy of information. Every effort has been made to ensure that the information provided is accurate. Individuals must not rely on the information in this website to make a visa or immigration decision. Before making any decision, we recommend you consult a migration agent or lawyer to take into account your particular situation and individual needs.

Please note that any immigration advice provided only and only constitutes immigration assistance as per s276 of the Migration Act 1958 (It does not include or constitute any other type of advice apart from immigration assistance as per s276 of the Migration Act 1958).