Subclass 102 Adoption Visa
The Subclass 102 Adoption Visa allows children adopted from overseas by Australian citizens or permanent residents to live in Australia permanently. It is a family visa designed to support international adoptions recognised under Australian law.
Subclass 102 Adoption Visa
Overview
The Adoption Visa (Subclass 102) is a permanent family visa that allows a child adopted outside Australia by an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live permanently in Australia.
The child must be under 18 years of age and adopted (or in the process of being adopted) through legal intercountry adoption arrangements that comply with Australian and international regulations.
Key Features
- Allows an adopted child to live permanently in Australia
- Access to Medicare, schooling, and eventual citizenship
- May include travel facilities for five years
- Enables access to social services and family reunification rights
Who Can Apply
Child Eligibility
The child must:
- Be under 18 years of age at the time of application and decision
- Be adopted or in the process of being adopted by an eligible sponsor
- Be outside Australia when applying and when the visa is granted
- Be sponsored by their adoptive parent(s)
Sponsor Eligibility
The sponsor must:
- Be an Australian citizen, permanent resident, or eligible New Zealand citizen
- Be the child’s adoptive or prospective adoptive parent
- Be residing in Australia at the time of the application
- Be approved as a sponsor by the Department of Home Affairs
Eligible Adoption Types
This visa typically applies when:
- The adoption was arranged through an Australian state or territory central authority (under the Hague Convention on Intercountry Adoption), or
- The adoption was conducted outside official Australian processes (private adoptions) and will be assessed case-by-case for immigration purposes
Application Process
Step 1: Confirm Adoption Type
- If arranged through a state or territory adoption authority (e.g., Department of Communities, FACS), you must follow their international adoption program requirements
- Private adoptions conducted abroad (e.g., in India or Thailand) require thorough documentation
Step 2: Sponsorship Approval
- The adoptive parent applies to become an approved sponsor
- Sponsorship must be approved before the visa application is lodged
Step 3: Prepare Documentation
Documents may include:
- Child’s birth certificate
- Adoption papers issued by the country of origin
- Evidence of legal custody and guardianship
- Proof of sponsor’s citizenship or residency
- Child’s passport and photographs
- Evidence of health and character requirements
Step 4: Submit Visa Application
- The child must be outside Australia
- Lodged by post to the Department of Home Affairs
Step 5: Attend Health and Character Checks
- Health checks for the child are required (e.g., TB screening, general health exam)
- Police clearances from countries where the child lived more than 12 months (if aged 16+)
Processing Time
| Stream | 90% Processed In |
|---|---|
| Intercountry adoptions | ~12–24 months |
| Private international adoptions | Often longer (up to 30+ months) |
Delays occur frequently due to legal verifications in the child’s country of origin.
Visa Conditions
- The child becomes a permanent resident upon arrival
- Can live, study, and work in Australia indefinitely
- Access to Medicare, schooling, and public services
- Can apply for citizenship when eligible
- Travel facility valid for 5 years, after which the child may need a Resident Return Visa (RRV) to re-enter Australia
Costs
| Item | Amount (AUD) |
|---|---|
| Visa application fee | $2,865 |
| Additional child applicant (under 18) | $720 per child |
| Health checks and biometrics | $300–600 (approx) |
| Translation and document certification | Varies |
| Legal or migration agent fees (optional) | $1,500–$5,000 |
Common Use Cases
✅ Case 1: Legal Intercountry Adoption via Central Authority
An Australian couple finalises an adoption in the Philippines through their state’s adoption unit and submits a subclass 102 visa for the child. With full compliance and official paperwork, the visa is granted within 14 months.
✅ Case 2: Private Adoption in India
A family living in Australia completes a private adoption of a child through family arrangements in India. The Department scrutinises the adoption legality and parenting arrangements, but the visa is granted after 26 months with extensive legal documentation.
✅ Case 3: Hague Convention Adoption
A single Australian citizen adopts a child from Colombia through the Hague-compliant process, and after meeting all requirements with assistance from the state authority, the visa is granted within 12 months.
Common Hurdles
- Private adoptions not meeting Australia's adoption standards
- Adoption arrangements not legally recognised in the child’s home country
- Inadequate custody or guardianship documentation
- Concerns about child trafficking or exploitation
- Delays due to foreign government processing times
- Lack of understanding around Hague Convention compliance
FAQs
Can I adopt a child through family connections in my home country?
Yes, but the process must follow legal adoption laws in both countries. Private adoptions are possible but require extensive evidence and are subject to high scrutiny.
Can the child be in Australia when applying?
No. The child must be outside Australia when applying and when the visa is granted.
What if the adoption is not finalised yet?
You may still apply if the adoption is in process and will be completed before visa decision. Clear legal intent and custody documentation are essential.
Can I use a migration agent for this process?
Yes, and many people do due to the complex legal and cross-border requirements. Ensure they are MARA-registered.
Can I adopt as a single parent?
Yes. Australia allows single-parent adoptions depending on the country of origin’s policies and the Australian state or territory guidelines.
Country Trends
Countries with high numbers of international adoptions include:
- India
- Philippines
- Thailand
- South Korea
- Colombia
- Ethiopia (now restricted)
- China (for special needs adoptions)
Note: Australia has intercountry adoption arrangements with only a limited number of countries. Private adoptions from countries not on the list may face complications.
Useful Resources
- Department of Home Affairs – Subclass 102
- Intercountry Adoption Australia
- State and Territory Central Authorities
Need Help with the 102 Adoption Visa?
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