Adopted Children and Australian Citizenship

Adopted Children and Australian Citizenship

Overview of adoption provisions & citizenship

Adopted children may acquire Australian citizenship in a number of ways depending on the type of adoption that has taken place:

automatic citizenship by adoption
citizenship by full Hague Convention or bilateral arrangement adoption or
citizenship by conferral

The table below sets out the different adoption provisions and pathways to Australian citizenship.

Simple Hague or bilateral adoptions finalised onshore

Full Hague Convention or bilateral arrangement adoptions

Other adoptions

Adoptions contracted offshore, finalised onshore

Australian Adoption Authorities are usually involved

Some bilateral arrangement and Hague Convention countries do not issue adoption compliance certificates. These are known as “simple” Hague Convention adoptions.

These adoptions are not recognised under Australian law unless and until they have been finalised in Australia.

The child requires a visa to enter Australia, usually a subclass 102 Adoption visa.

Australian citizenship is automatically acquired under s13 Citizenship by adoption when the adoption is finalised under Australian law, if the child is present in Australia as a permanent resident, and at least one adoptive parent is an Australian citizen.

If the adoption is not finalised in Australia an application may be made for Australian citizenship by conferral (s21(5)) using form 1290. The child must be a permanent resident at the time of application and decision to be eligible for Australian citizenship.

Offshore

Australian adoption authorities are usually involved

Child is adopted by Australian citizen/s under Hague Convention (full Hague Convention) adoption arrangements for Intercountry adoptions or a bilateral arrangement between Australia and another country. The adoption is finalised overseas with the issue of a valid adoption compliance certificate. One or more documents may be provided by authorities to meet requirements of an adoption compliance certificate. These are known as “full Hague” convention adoptions.

The adoption is recognised under Australian law. Refer to the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 regulations 16 and 17.

Application may be made for Australian citizenship under Subdivision AA – Citizenship for persons adopted in accordance with the Hague Convention on Intercountry Adoption or bilateral arrangement using form 1272. Section 19C sets out the application and eligibility requirements.

A child adopted under a full Hague Convention or bilateral arrangement is not required to obtain a permanent visa to apply under this provision.

Expatriate adoptions Generally offshore

Child adopted overseas by Australians residing overseas, with no involvement by Australian adoption authorities. These adoptions are not recognised under Australian law.

The child requires a visa to enter Australia, usually a subclass 102 Adoption visa.

Application may be made for Australian citizenship by conferral (s21(5)) using form 1290 (if the child is under 16).

The child must be a permanent resident at the time of application and at the time of decision to be eligible for Australian citizenship.

Domestic Adoptions

Onshore

Child is adopted in Australia by Australian citizen/s with the involvement of domestic Australian adoption authorities and under Australian law.

Australian citizenship is automatically acquired under s13 Citizenship by adoption when the adoption is finalised under Australian law if the child is present in Australia as a permanent resident and at least one adoptive parent is an Australian citizen.