Adoption Visa Subclass 102 Australia

Adoption Visa Subclass 102 Australia

Adoption Visa Australia

The Adoption visa (subclass 102) is a permanent Australian visa that allows an eligible child who has been adopted, or is in the process of being adopted, outside Australia to live permanently in Australia with their adoptive parent.

The visa is designed for children whose adoption has occurred through an eligible intercountry adoption arrangement or qualifying expatriate adoption.

If the visa is granted, the child becomes a permanent resident of Australia and can live, work and study in Australia. (immi.homeaffairs.gov.au)

What Is the Adoption Visa Subclass 102?

The Adoption visa subclass 102 is a permanent Child visa for an eligible child adopted outside Australia by an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

The child must generally be:

  • Under 18 years of age
  • Outside Australia when the visa application is made
  • Outside Australia when the visa decision is made
  • Adopted, or in the process of being adopted, by the sponsoring parent
  • Able to satisfy the relevant health and character requirements

The adoption must also meet the specific requirements for an intercountry or expatriate adoption recognised for Australian migration purposes. (immi.homeaffairs.gov.au)


Who Can Sponsor an Adoption Visa?

The child must be sponsored by an eligible adoptive parent or prospective adoptive parent.

The sponsor generally needs to be:

  • An Australian citizen
  • An Australian permanent visa holder
  • An eligible New Zealand citizen

The sponsorship must be approved before the visa can be granted.

The Department also applies child protection measures to sponsorship applications. If the sponsor or their spouse or de facto partner has a relevant pending registrable offence charge, the sponsorship and visa application can be refused. A relevant conviction can also affect sponsorship approval, subject to the limited circumstances allowed under the legislation. (immi.homeaffairs.gov.au)


Adoption Requirements for Subclass 102

A child may qualify for subclass 102 where the adoption has occurred, or is in progress, through an eligible arrangement.

The Department recognises several circumstances, including:

1. Intercountry Adoption Involving an Australian State or Territory Central Authority

The adoption may involve an Australian state or territory central authority responsible for intercountry adoption.

Where an Australian central authority has assessed the adoptive parent as suitable, appropriate documentation from the relevant authorities may be required.

2. Hague Convention Intercountry Adoption

The child may qualify where the adoption is an intercountry adoption between two countries other than Australia that are parties to the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, provided the relevant requirements are met.

3. Expatriate Adoption

An expatriate adoption may also qualify in certain circumstances.

For an expatriate adoption, the adoptive parent must satisfy additional requirements, including having resided outside Australia for more than 12 months immediately before lodging the visa application.

The parent must not have deliberately lived overseas to avoid Australia's intercountry adoption laws, and the adoption must comply with the laws of the child's home country. (immi.homeaffairs.gov.au)


Important: Adoption and Australian Immigration Are Separate Processes

The Department of Home Affairs does not arrange adoptions.

Its role is to assess and decide whether the child meets the requirements for the Adoption visa.

Australian intercountry adoption authorities are responsible for adoption processes and related arrangements.

The Department also states that it does not issue letters of no objection or arrange adoption processes. Families considering an overseas adoption should therefore obtain information from the relevant Intercountry Adoptions Australia authorities before proceeding. (immi.homeaffairs.gov.au)


Child's Age Requirement

The child must generally have been:

  • Under 18 when adopted
  • Under 18 when the visa application is made
  • Under 18 when the visa decision is made

This age requirement is particularly important because the subclass 102 visa is specifically designed for children adopted overseas.

If the child is approaching 18, families should obtain professional advice as early as possible.


Where Must the Child Be When Applying?

The child must be outside Australia when the subclass 102 application is made and when the visa is decided, subject to any applicable legislative or concessionary circumstances.

The Department specifically identifies subclass 102 as a visa for children adopted outside Australia and requires the child to be outside Australia when the application is submitted. (immi.homeaffairs.gov.au)


Health Requirements

The child must satisfy Australia's applicable health requirements.

Any dependent child included in the application must also satisfy the relevant health requirements.

In some circumstances, the Department may consider whether a health waiver is available.

Family members who are not migrating with the child may also be required to meet applicable health requirements. (immi.homeaffairs.gov.au)


Character Requirements

If the child is 16 years of age or older, they must satisfy the applicable character requirements.

This can include providing police certificates and completing relevant character documentation.

The Department currently states that children aged 16 or over may need police certificates from countries where they have spent the required period of residence, together with Form 80 where applicable. (immi.homeaffairs.gov.au)


Best Interests of the Child

The Department may refuse an Adoption visa application if granting the visa would not be in the best interests of a child under 18.

This is an important child protection consideration in the assessment of subclass 102 applications. (immi.homeaffairs.gov.au)


Australian Government Debt

The child and relevant family members must satisfy the applicable requirements concerning debts to the Australian Government.

If money is owed to the Australian Government, it generally needs to be repaid or a formal arrangement to repay the debt must be in place before the visa can be granted. (immi.homeaffairs.gov.au)


What Can the Child Do on Subclass 102?

The Adoption visa is a permanent visa.

Once granted, the child can generally:

Live Permanently in Australia

The child becomes a permanent resident when the visa is granted and can remain in Australia indefinitely.

Work in Australia

The child can work in Australia after arriving on the visa.

Study in Australia

The child can study in Australia.

Access Medicare

The child can enrol in Australia's public healthcare system, Medicare, subject to the applicable requirements.

Sponsor Eligible Relatives

As a permanent resident, the child may potentially sponsor eligible family members in the future if they meet the requirements of the relevant visa.

Potentially Apply for Australian Citizenship

The child may become eligible for Australian citizenship after meeting the relevant citizenship requirements. (immi.homeaffairs.gov.au)


Travel After Subclass 102 Grant

The initial travel facility generally allows the child to travel to and from Australia for 5 years from the date the visa is granted.

After the initial travel facility expires, the child may need to obtain a Resident Return visa (RRV) to return to Australia as a permanent resident after travelling overseas.

If the child later becomes an Australian citizen, they can travel using an Australian passport instead. (immi.homeaffairs.gov.au)


Subclass 102 vs Child Visa Subclass 101

Subclass 102 and subclass 101 are both permanent Child visa pathways, but the circumstances are different.

FeatureSubclass 102Subclass 101
VisaAdoption visaChild visa
Main applicantAdopted childEligible dependent child
Adoption outside AustraliaYesMay apply in certain circumstances
SponsorAdoptive/prospective adoptive parentEligible parent
Child outside AustraliaRequiredRequired
Permanent visaYesYes
Work and studyYesYes
MedicareEligible, subject to rulesEligible, subject to rules

A child adopted by an Australian citizen, permanent resident or eligible New Zealand citizen may need to use subclass 102 rather than subclass 101, depending on when and how the adoption occurred. (immi.homeaffairs.gov.au)


Adoption Visa Subclass 102 Application Process

Step 1 – Confirm the Adoption Arrangement

Determine whether the adoption qualifies under an eligible intercountry adoption or expatriate adoption arrangement.

Step 2 – Check the Child's Eligibility

Confirm:

  • Child's age
  • Location outside Australia
  • Adoption status
  • Sponsor relationship
  • Health requirements
  • Character requirements where applicable

Step 3 – Confirm Sponsorship

The adoptive or prospective adoptive parent must satisfy the sponsorship requirements.

Step 4 – Prepare Supporting Documents

Gather the child's identity, adoption, relationship and other required documentation.

Step 5 – Complete the Application

The Department currently requires subclass 102 applications to be made on paper using the relevant forms. The current process requires:

  • Form 47CH – Application for migration to Australia by a child
  • Form 40CH – Sponsorship for a child to migrate to Australia

These forms must be submitted together with the required supporting documentation and payment. (immi.homeaffairs.gov.au)

Step 6 – Lodge the Application

The application is lodged with the Department's Child and Other Family Processing Centre in Perth according to the current Department instructions.

Applications cannot simply be lodged in person at another Department office.

Step 7 – Import the Application into ImmiAccount

Since 23 July 2025, eligible paper-based Child and Adoption visa applications can be imported into ImmiAccount after the Department acknowledges the application.

This can allow applicants to:

  • Upload additional documents
  • View application messages
  • Update personal details
  • Check application status
  • Manage certain application matters

The Department states that applications can be imported after the acknowledgement letter is received. (immi.homeaffairs.gov.au)

Step 8 – Complete Health and Character Requirements

Complete any examinations or character checks requested by the Department.

Step 9 – Visa Decision

The Department assesses the application and advises the applicant of the outcome in writing.


Documents Required for Subclass 102

The exact documents depend on the adoption circumstances.

Common documents can include:

Identity Documents

  • Child's passport
  • National identity card, where applicable
  • Birth certificate
  • Evidence of name changes

Adoption Documents

  • Adoption order or adoption papers
  • Adoption compliance certificate, where applicable
  • Evidence from the relevant adoption authority
  • Evidence that the child can leave their country for adoption in Australia, where required
  • Evidence of full and permanent parental rights for qualifying expatriate adoptions

Sponsor Documents

  • Australian passport or citizenship evidence
  • Permanent visa evidence
  • Eligible New Zealand citizenship evidence
  • Evidence of the relationship with the child
  • Sponsorship documentation

Character Documents

For children aged 16 or over, police certificates and other character documents may be required.

Dependent Children

If the child has dependent children included in the application, additional identity, relationship and health documents may be required.

All non-English documents should be translated into English and supplied according to the Department's document requirements. (immi.homeaffairs.gov.au)


Can Siblings Apply Together?

If several adopted siblings want to migrate to Australia, each sibling generally needs a separate Adoption visa application.

A child's eligible dependent children can be included in their application, subject to the relevant requirements.

The Department states that dependent children can be included in the application or added before a decision is made, where permitted. (immi.homeaffairs.gov.au)


Adoption Visa Cost

The subclass 102 visa has a government Visa Application Charge, with additional charges potentially applying for dependent children included in the application.

Other costs can include:

  • Health examinations
  • Police certificates
  • Biometrics, where required
  • Document translation
  • Document certification
  • Professional migration assistance

The Department advises applicants to use its current Visa Pricing Estimator because visa application charges can change. (immi.homeaffairs.gov.au)

From 1 July 2026, eligible citizens of specified Pacific Island countries and Timor-Leste may qualify for a lower visa application charge under the applicable concession. (immi.homeaffairs.gov.au)


Processing Time for Subclass 102

The Department does not provide a single guaranteed processing period for every Adoption visa application.

The current Department page directs applicants to its visa processing time guide, which provides an indication based on recently decided applications. It is only a guide and is not specific to an individual application. (immi.homeaffairs.gov.au)

Processing may take longer if:

  • The application is incomplete
  • Required documents are missing
  • Further information is requested
  • Adoption documents need verification
  • Identity information needs additional assessment
  • Health or character checks take longer
  • Correct payment has not been made

The Department states that applicants should generally receive acknowledgement of an application within approximately one month after lodgement, although acknowledgement is not the same as a visa decision. (immi.homeaffairs.gov.au)


Important: Pakistan Adoption Applications

The Department currently states that it is unable to accept Adoption visa applications for children who have been adopted in Pakistan.

This is an important country-specific restriction and should be checked carefully before proceeding with an adoption visa strategy. (immi.homeaffairs.gov.au)


Intercountry Adoption and Citizenship

In some Hague Convention or recognised bilateral adoption circumstances, a child may be eligible for Australian citizenship by adoption rather than needing an Adoption visa.

If the child becomes an Australian citizen through the applicable adoption process, they may be able to enter Australia using an Australian passport rather than a subclass 102 visa.

The appropriate pathway depends on the circumstances of the adoption and the child's eligibility for citizenship. (immi.homeaffairs.gov.au)


Important Considerations Before Applying

An overseas adoption does not automatically mean the child qualifies for subclass 102.

Before lodging an application, it is important to consider:

✔ The child's age
✔ Where the child is located
✔ The child's adoption status
✔ Country of adoption
✔ Whether a Hague Convention arrangement applies
✔ Whether an Australian state or territory central authority is involved
✔ Sponsor's immigration status
✔ Full and permanent parental rights
✔ Health requirements
✔ Character requirements
✔ Best interests of the child
✔ Australian adoption and immigration laws

For expatriate adoptions in particular, the Department recommends obtaining independent legal advice in both Australia and the child's country of usual residence. (immi.homeaffairs.gov.au)


How We Can Help With Adoption Visa Subclass 102

Adoption-related migration matters can involve both Australian immigration requirements and overseas adoption laws.

At The Visa and Education Services Pty Ltd, we can assist with the immigration side of the process, including:

✔ Subclass 102 eligibility assessment
✔ Sponsor eligibility assessment
✔ Adoption visa pathway assessment
✔ Document checklist and review
✔ Health and character requirement guidance
✔ Application preparation assistance
✔ Paper application guidance
✔ ImmiAccount application management after acknowledgement
✔ Assessment of potential visa issues

We do not arrange overseas adoptions. Adoption arrangements must be handled through the appropriate adoption authorities and legal professionals.

Speak With a Registered Migration Agent

Navneet Kaur – Registered Migration Agent
MARN: 2318181

If you have adopted, or are in the process of adopting, a child overseas and want to bring the child to Australia, obtain professional advice about the Adoption visa subclass 102 before lodging the application.

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