Adoption Visa (Subclass 102)

Child (Applicant) Eligibility

Age Your child must be under 18 years old at three critical points: when adopted, when you lodge the application, and when the Department decides the application. If your child turns 18 before the visa is granted, they become ineligible. This is a strict requirement with no exceptions.

Location Your child must be outside Australia when you lodge the application and when the Department makes its decision. They cannot be in Australia on any other visa (such as a visitor visa) at either of these times. This is a core feature of the offshore visa pathway.

Marital Status Your child must be unmarried and have no partner.

Adoption Type and Legal Recognition Your child must have been adopted—or be in the process of being adopted—through one of these three arrangements:

1. STCA-Involved Adoption: An Australian state or territory central authority was involved in the adoption process. The central authority in your child's country of origin must have confirmed that your child can leave that country for adoption in Australia, or can leave in your custody.

2. Hague Convention Adoption: The adoption occurred between two countries (other than Australia) that are both parties to the Hague Convention. Children adopted under the Hague Convention may be eligible for Australian citizenship upon grant of this visa.

3. Expatriate Adoption: You arranged the adoption privately while living overseas, with no Australian state or territory central authority involvement. For this pathway, at least one adoptive parent must have resided outside Australia for more than 12 months immediately before you lodge the application. The parent must not have moved overseas specifically to avoid Australia's intercountry adoption laws.

Legal Parental Rights Your child must have full and permanent parental rights legally transferred to you. All legal ties to the birth parents must be severed. This must be documented and recognized under the laws of your child's country of origin.

Health Requirement Your child must meet the health requirement. Health waivers may be considered in limited circumstances, but generally your child will need to pass a health examination.

Character Requirement If your child is 16 years or older, they must meet the character requirement. This means providing police certificates from every country where they have spent 12 months or more in the last 10 years (since turning 16). For Australia, only National Police Certificates issued under Code 33 (Immigration/Citizenship) by the Australian Federal Police are accepted. Standard disclosure certificates or state police certificates are not accepted. Police certificates are valid for immigration purposes for 12 months from issue.

Debt to Australian Government If your child or any family member owes money to the Australian Government, it must be repaid or a formal repayment arrangement must be in place before the visa can be granted.

Best Interests of the Child The Department may refuse the visa if it is not in your child's best interests. The Department assesses each case individually to ensure the child's welfare is protected.

Sponsor (Adoptive Parent) Eligibility

Citizenship or Residency Status You must be an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen. Critically, you must have held one of these statuses at the time your child was adopted. If you became a citizen or permanent resident after the adoption was finalized, your child may not be eligible for Subclass 102.

Age You must be 18 years or older.

Relationship to Child You must be the child's adoptive parent or prospective adoptive parent (the adoption must be finalized or in process).

Sponsorship Approval The Department must approve your sponsorship before the visa can be granted. You cannot proceed without this approval.

Character Requirement You must meet the character requirement. If you or your spouse/de facto partner have a pending registrable offence charge, the Department will refuse both your sponsorship and the visa application. If you have a registrable offence conviction, sponsorship can only be approved in very limited circumstances.

Financial and Accommodation Support You must be able to provide adequate accommodation and financial support for your child.

Expatriate Adoption Requirement (if applicable) If you are pursuing an expatriate adoption, at least one adoptive parent must have resided outside Australia for more than 12 months immediately before lodging the application. You must not have arranged to live overseas to circumvent Australia's intercountry adoption laws.

Critical Edge Cases and Disqualifiers

Pakistan Adoption Ban Since 14 December 2015, the Department cannot process Adoption visa applications for any child adopted in Pakistan. This is an absolute disqualifier with no exceptions or waivers. If your child was adopted in Pakistan, you cannot use this pathway.

Stepchildren Stepchildren are not eligible for the Adoption visa. If your child is a stepchild, explore the Child Visa (Subclass 101 or 802) instead.

Australian-Born Adoptions Children adopted in Australia are not eligible for Subclass 102.

Timing of Your Citizenship If you became an Australian citizen or permanent resident after your child's adoption was finalized, your child is not eligible for Subclass 102. The Child Visa (Subclass 101 or 802) may apply instead.

Siblings Each adopted child requires a separate visa application. You cannot include multiple siblings in a single application.

Legal Advice Strongly Recommended If your child was legally adopted in an overseas country under that country's law, it does not automatically guarantee eligibility for the Subclass 102 visa. The overseas adoption must meet Australian immigration law requirements. Independent legal advice is strongly recommended both in Australia and in your child's country of usual residence before proceeding, especially for expatriate adoptions.