To be eligible to apply for an Adoption visa, the child must:
- Have been under 18 years of age when adopted, when they apply and when the decision is made
- Be outside Australia when the application is submitted
- Be adopted or in the process of being adopted by their sponsor parent
- Be sponsored by an eligible adoptive parent or prospective adoptive parent
- Meet the health requirement
- Meet the character requirement if the child is aged 16 years or older
- If the child or any member of the child's family owes the Australian Government money, it must be paid back or there must be a formal arrangement to pay it back
This visa may not be granted if it is not in the best interests of an applicant under 18.
Note: The child must be outside Australia when the application is submitted.
Children adopted under the Hague Adoption Convention
For children adopted under the Hague Adoption Convention, Australian Citizenship eligibility may arise if the adoption is finalised outside Australia under the Hague Convention or through a recognised bilateral arrangement. This means that if Australian citizenship is granted, the child can enter Australia using an Australian passport without the need for a visa.
Expatriate adoptions
Expatriate adoptions refer to cases where the adoption takes place outside the adoptive parent's home country.
If the child is adopted through an expatriate adoption, and you (the adoptive parent) are considering bringing them to Australia, then, amongst other criteria, all of the following must be met:
- At least one adoptive parent must have resided outside Australia for more than 12 months immediately before lodging a visa application.
- The adoptive parent must not have resided overseas to avoid Australia’s intercountry adoption laws.
- The adoptive parent must have full and permanent parental rights (no remaining legal ties between the child and the birth parents can exist).
- The adoption must adhere to the adoption laws of the home country.