Eligibility Quiz
Overview
The Adoption Visa (Subclass 102) is a permanent family visa that allows children adopted outside Australia by Australian citizens, Australian permanent residents, or eligible New Zealand citizens to live permanently in Australia. This is an offshore visa—the child must be outside Australia when you lodge the application and when the Department decides it.
The Subclass 102 remains active as of March 2026 with no published closing date. It covers three distinct adoption pathways: adoptions involving an Australian state or territory central authority (STCA), adoptions under the Hague Convention, and expatriate adoptions (private adoptions arranged by parents living overseas). Each pathway has different documentation and eligibility rules, but all result in the same permanent residency outcome.
Important distinction: If your child was adopted in Australia, or if you became an Australian citizen or permanent resident after the adoption was finalized, the Subclass 102 does not apply. You may be eligible for the Child Visa (Subclass 101 or 802) instead. Similarly, stepchildren cannot use this pathway.
Adoption Pathways and Legal Framework
The Subclass 102 recognizes three distinct adoption pathways, each with different legal underpinnings and documentation requirements.
STCA-Involved Adoptions
If an Australian state or territory central authority was involved in your adoption, the process is regulated under Australia's intercountry adoption framework. The central authority in your child's country of origin must formally confirm that your child can leave that country for adoption in Australia. This pathway typically involves the most government oversight and is considered the most regulated route.
Hague Convention Adoptions
If your adoption occurred between two countries that are both parties to the Hague Convention, your child may benefit from additional protections and recognition. Notably, children adopted under the Hague Convention may be eligible for Australian citizenship upon grant of the Subclass 102 visa, bypassing the usual residency requirements for citizenship. This is a significant advantage if your child's adoption meets Hague Convention standards.
Expatriate Adoptions
Expatriate adoptions are private arrangements made by parents living overseas without involvement of an Australian state or territory central authority. These adoptions must comply with the laws of your child's country of origin and must meet Australian immigration law requirements. The critical requirement is that at least one adoptive parent must have resided outside Australia for more than 12 months immediately before lodging the application, and the parent must not have moved overseas specifically to circumvent Australia's intercountry adoption laws.
Expatriate adoptions carry higher risk because legal adoption in an overseas country does not automatically guarantee eligibility for the Subclass 102 visa. The overseas adoption must meet Australian immigration law standards. Independent legal advice is strongly recommended both in Australia and in your child's country of usual residence before proceeding with an expatriate adoption.
Recent Legal Changes and Policy Updates
ImmiAccount Integration (23 July 2025)
From 23 July 2025, applicants for Subclass 102 (and other child visa subclasses) can import their paper application into ImmiAccount after lodgement. This allows you to manage your application online, upload additional documents, and view application status. Some existing applications made outside Australia before 1 April 2020 cannot be imported.
Processing Time Improvements (March 2026)
As of early 2026, the Department has implemented accelerated review timelines. The current benchmarks for Subclass 102 are:
- 50% of applications processed within 6 months
- 90% of applications processed within 10 months
This represents a significant improvement from earlier 2025 benchmarks (90% within 16 months).
Fee Updates (2025–26 Financial Year)
The base application charge for Subclass 102 is AUD 3,235 for the main applicant. Additional charges apply for dependent children (AUD 810 for under-18s, AUD 1,615 for 18 and over).
Adoption Statistics Decline
As of 2025, adoption numbers in Australia remain at historic lows. According to the Australian Institute of Health and Welfare (AIHW), adoptions in Australia hit a record low in 2023–24, with only 207 finalizations nationwide (173 domestic, 34 intercountry). This represents a 98% decline since 1971–72. This context is important: the Subclass 102 pathway, while active, serves a very small population.
Rights as an Adopted Permanent Resident
With the Subclass 102 visa, your child gains the following rights and entitlements:
Permanent Residency
- Stay in Australia indefinitely with you
- Reside anywhere in Australia
Work and Study
- Work in any occupation without restriction
- Study at Australian educational institutions
Healthcare
- Enrol in Medicare (Australia's public healthcare scheme)
- Access public healthcare services
Family Sponsorship
- Sponsor relatives to come to Australia (once eligible)
English Language Support
- Attend free English language classes provided by the Adult Migrant English Program (if eligible)
Travel Within Australia
- Travel freely within Australia
International Travel
- Travel to and from Australia as many times as desired for 5 years from the date the Department grants the visa
- After the 5-year travel facility expires, your child will need to apply for a Resident Return Visa to re-enter Australia as a permanent resident if they leave
- Alternatively, your child can apply for Australian citizenship, which eliminates the need for a visa to enter Australia
Pathway to Australian Citizenship
- Your child may be eligible for Australian citizenship if the intercountry adoption is finalized outside Australia under the Hague Convention or a recognized bilateral arrangement
- If the Department grants your child Australian citizenship, they can enter Australia on an Australian passport and will not need a visa
- Children adopted through STCA-involved or expatriate pathways can apply for citizenship after meeting residency requirements (typically 4 years as a permanent resident, with 12 months in the 2 years immediately before application)
Dependent Children
- Your child's dependent children can be included on their application when they apply or added at any time before the Department decides the application
- Dependent children who apply for the visa must meet the health requirement
Visa Label
- The Department will digitally link the visa to your child's passport; they will not receive a physical visa label
First Entry Deadline
- Your child must enter Australia before the date specified in the grant letter (generally set at 12 months from the date of visa grant)