Pathway Review
Identify whether the case involves an intercountry, Hague, bilateral or expatriate adoption.
Family Visa · Subclass 102
Adoption Visa Subclass 102
The Adoption Visa Subclass 102 provides permanent residence for an eligible child who has been adopted, or is being adopted, outside Australia.
Overseas Adoption & Australian Immigration
The important issue is not simply whether an adoption is legally recognised overseas. The adoption arrangements must also meet Australian immigration requirements before the child can qualify for this visa.
Professional Support
Adoption Visa Services
Eligibility Check
Assess whether the overseas adoption can meet Subclass 102 requirements.
Evidence Review
Check adoption orders, parental rights, authority approvals and overseas documents.
Sponsor Review
Assess sponsor eligibility and relevant child-protection requirements.
Application Preparation
Prepare forms, supporting evidence and the paper visa application.
Ongoing Support
Assist with Home Affairs requests, additional documents and ImmiAccount updates.
First Check
Is Subclass 102 the Right Visa?
Three points should be checked first:
Child Is Under 18
The child generally needs to be under 18 when adopted, when the visa application is lodged and when Home Affairs makes its decision.
Child Is Outside Australia
Subclass 102 is an offshore Adoption visa. The child must be outside Australia when applying and generally remain outside Australia when the visa is granted.
Adoption Fits an Accepted Pathway
How the adoption was arranged determines what evidence and legal requirements apply.
Different Arrangements
Child Adoption Visa Pathways
Not every overseas adoption is assessed in the same way.
Intercountry Adoption
The adoption is arranged through recognised Australian and overseas adoption authorities. Australian State or Territory adoption authorities usually assess the prospective parents and work with the overseas authority throughout the process.
Hague Convention Adoption
The adoption takes place through the Hague Convention intercountry adoption framework. Where the adoption is completed overseas, an Adoption Compliance Certificate or equivalent documentation can be important evidence.
Bilateral Adoption
Some adoptions operate under a recognised arrangement between Australia and another country. The relevant Australian and overseas adoption requirements must still be satisfied.
Expatriate Adoption
This applies where an Australian citizen or permanent resident living overseas adopts a child without using Australia’s formal intercountry adoption program.
Expatriate Adoption
Expatriate Adoption: Key Requirements
More Than 12 Months Overseas
At least one adoptive parent must generally have lived outside Australia for more than 12 months immediately before the visa application.
Genuine Overseas Residence
The parent must not have moved overseas simply to avoid Australia’s intercountry adoption requirements.
Full Parental Rights
The adoption must give the adoptive parent full and permanent parental rights. For the relevant expatriate pathway, there cannot simply be a temporary guardianship or custody arrangement while the birth parents retain the legal parental relationship.
Overseas Adoption Law
The adoption must comply with the law of the country where the child normally lives.
Important
A Legal Overseas Adoption Is Not Enough
A common misunderstanding is that once an overseas court or authority approves the adoption, the child will automatically qualify for an Australian visa.
That is not necessarily the case. Australian immigration law separately examines:
✓How the adoption was arranged
✓The status of the adoptive parent
✓The child’s age
✓Parental rights created by the adoption
✓Australian adoption safeguards
✓Compliance with the child’s home-country laws
This is why the immigration pathway should ideally be checked before relying on an overseas adoption for migration to Australia.
Safeguards
Child Protection Checks
Subclass 102 has additional safeguards because the visa applicant is a child. Home Affairs can consider matters involving the sponsor and, where relevant, their spouse or de facto partner.
Certain criminal charges or convictions involving offences relevant to child protection can prevent sponsorship approval. The child’s best interests must also be satisfied under the applicable visa criteria.
Permanent Residence
What the Child Receives After Grant
Subclass 102 is a permanent visa.
✓Live in Australia permanently
✓Work and study in Australia
✓Enrol in Medicare
✓Travel to and from Australia for 5 years from visa grant
✓Apply for Australian citizenship later if eligible
Government Charge
Cost
As at August 2026, the standard government visa application charge starts from:
AUD 4,040Additional charges can apply where eligible dependent children are included.
Application Process
How the Application Is Lodged
Subclass 102 is currently a paper-based visa application.
Application for migration to Australia by a child.
Sponsorship for a child to migrate to Australia.
Paper Lodgement
The completed application is lodged with the Child and Other Family Processing Centre using the current Home Affairs postal or courier arrangements.
After Acknowledgement
ImmiAccount After Lodgement
From 23 July 2025, many Subclass 102 paper applications can be imported into ImmiAccount after acknowledgement. This allows applicants to manage documents, correspondence and application updates electronically after the original paper lodgement.
Application Evidence
Important Adoption Visa Documents
The documents depend heavily on the type of adoption, but important evidence can include:
01Child’s passport
02Birth certificate
03Form 47CH
04Form 40CH
05Adoption order or adoption papers
06Adoption Compliance Certificate, where applicable
07Adoption authority approvals
08Evidence of full and permanent parental rights
09Sponsor’s identity and Australian status
10Evidence of overseas residence for expatriate adoption
11Permission for the child to leave the overseas country, where required
12Health and character documents, where required
13Certified English translations
The adoption documents are often the most important part of the application because they establish which legal adoption pathway the child falls under.
Timing
Processing Time
Home Affairs does not provide one guaranteed processing period for every Subclass 102 application.
Processing can vary depending on:
The type of overseas adoptionCompleteness of adoption evidenceVerification with overseas authoritiesHealth or character checksRequests for additional information
Current estimates should be checked through the Home Affairs Visa Processing Time Guide when preparing the application.
Alternative Pathway Check
Could the Child Be Eligible for Australian Citizenship Instead?
This is an important question to check before automatically applying for Subclass 102.
A child adopted overseas by an Australian citizen under a full Hague Convention adoption or recognised bilateral arrangement may be eligible for Australian citizenship by adoption.
If citizenship is granted before the child travels, the child can obtain an Australian passport and may not need an Adoption visa to enter Australia.
Where the adoption will instead be finalised in Australia, a visa may first be required so the child can enter Australia as a permanent resident.
Think Higher Consultants
Why Choose Think Higher Consultants?
11+ Years of Experience
More than 11 years of experience in Australian migration and visa matters, with practical understanding of complex family and child visa cases.
5,000+ Satisfied Clients
Trusted by 5,000+ clients for clear advice, careful case assessment and professional migration support.
8,000+ Visa & Immigration Matters
Experience across 8,000+ visa and immigration matters, covering a wide range of Australian visa pathways and application scenarios.
Registered Migration Agent
Professional advice from Aneel Khowaja, Registered Migration Agent, MARN 1571699, with guidance tailored to the circumstances of each application.
Common Questions
Frequently Asked Questions
Who Can Sponsor the Child?
The sponsor must generally be the child’s adoptive parent or prospective adoptive parent and be an Australian citizen, Australian permanent visa holder or eligible New Zealand citizen. The sponsorship must be approved and still be valid when the visa is decided.
Can a Guardianship Order Be Used for an Adoption Visa?
Not automatically. A guardianship or custody arrangement may not create the full and permanent parental rights required for an Adoption visa pathway. The legal effect of the overseas arrangement needs to be examined.
Can I Adopt a Relative Overseas and Bring Them to Australia?
Potentially, but being related to the child does not remove Australia’s intercountry adoption requirements. Where an intercountry relative adoption is involved, the relevant State or Territory Central Authority may need to be involved.
Does the Child Need a Separate Visa if They Have a Sibling?
Each adopted child’s circumstances and adoption eligibility need to be established. A sibling relationship alone does not automatically establish Subclass 102 eligibility.
What if the Child Is Close to Turning 18?
The timing is critical because the child generally needs to remain under 18 at the required stages of the Adoption visa process, including at decision.
Adoption Visa Enquiry
Get Advice Before Relying on an Overseas Adoption
The Adoption Visa Subclass 102 is not simply an application to prove that a child has been adopted. Home Affairs also examines how the adoption occurred and whether it satisfies Australia’s immigration requirements.
Think Higher Consultants can review the adoption pathway, sponsor status and supporting evidence before the visa application is prepared.
Adoption pathwaySponsor statusSupporting evidenceVisa preparation
Adoption laws, visa charges and immigration requirements can change. Current requirements should be confirmed before proceeding.