Adoption visa categories

To be eligible to apply for the Adoption visa (subclass 102), the child (applicant) will need to be or is going to be adopted either by:

1. Expatriate (Private) Overseas Adoption
2. Australian State or Territory Central Adoption Authority (STCAA) Involved Adoptions

Expatriate (Private) Overseas Adoption

Without the support from an Australian STCAA, parents can decide to adopt a child who is under 18 years old while the parents are residing outside of Australia. Since the STCAA is not involved with privately arranged adoptions, STCAA cannot assist the child nor the parents to meet the requirements for the Adoption visa.

After Adoption

• Details of child including name, date and place of birth
• Details of adoptive parents including names and nationalities
• Details of adoption order showing that a legal, full and permanent adoption has taken place
• Evidence that residence outside Australia for 12 months or longer was not contrived to circumvent Australian STCAA requirements

 

Australian State or Territory Central Adoption Authority (STCAA) Involved Adoptions

Adoptions with the involvement of Australian STCAA includes the following:

• STCAA Arranged Adoptions
• The Hauge Convention on Protection and Cooperation in Respect of Intercountry Adoption (Hague Adoption Convention)
• Bilateral Adoption Arrangement
• Other State/Territory Arranged Adoptions

 

Adoption Without an Australian STCAA Involvement

Apart from the Expatriate (Private) Overseas Adoption, following adoption does not involve an Australian STCAA in the adoption arrangement but Hague Adoption Convention has been applied:

• Third Country Hague Adoption Convention Adoptions

 

STCAA Arranged Adoptions

If the adoption is not made under the Hauge Adoption Convention or bilateral adoption agreement, but is arranged with an Australian STCAA, the child will enter Australia under the Immigration (Guardianship of Children) Act (the IGOC Act).

If the adoption is arranged with an Australian STCAA, either:

• the child will be adopted in Australia or
• the adoption will later be recognised by an Australian court.

The STCAA arrangement adoption takes place in Australia after a period of supervision – general period of supervision is about 12 months.

If the child is adopted in Australia, the child will become an Australian citizen and the IGOC Act will no longer apply. Whereas, the IGOC Act will continue to operate until child is granted Australian citizenship or turns 18 if the adoption is recognised by an Australian court.

 

Hague Adoption Convention

A convention adoption must be organised by the central adoption authorities in both convention countries.

Under the Hague Adoption Convention there are 4 variations of adoptions:

• Full Adoption: Adoption taking place in the overseas country and it has been finalised before the child enters Australia.
• Simple Adoption: Where the country’s adoption laws do not sever the child’s legal ties to the birth parents, but the country’s Central Adoption Authority (CAA) approve the child to come to Australia where the adoption is finalised
• Guardianship Arrangements: Where the adoption is finalised in Australia after a placement period in Australia under relevant Australian STCAA monitoring and reporting to the other country’s CAA and no problems have occurred

Letter of support from STCAA must be on the appropriate letterhead and include the following details:

• Details of the visa applicant including name, sex, date of birth, nationality and place of usual residence
• Statement that the applicant has been allocated to the prospective adoptive parents by a competent authority in the country of the child’s usual residence giving the full name of the prospective parents and the name and address of the competent authority
• Statement that the arrangements have been made in accordance with the Hague Adoption Convention

After Adoption

To enable the Adoption visa grant for a full adoption, Adoption Compliance Certificate (ACC) will be issued by the competent authority outside Australia (either CAA or its accredited agent). By obtaining the ACC , it indicates that the adoption has been recognised in Australia.

For other adoptions, a letter from the competent authority outside Australia (either the CAA or its accredited agent) giving permission for the applicant to travel to Australia in the care of the prospective adoptive parents for adoption in Australia in accordance with the Hague Adoption Convention must be provided to have the visa approved.

 

Bilateral Adoption Arrangement

This arrangement is a full adoption made with the involvement of an Australian STCAA in accordance with Australian law with another country. The Adoption visa can be lodged before the adoption is finalised but the child must have at least been allocated for an adoption.

If a child has been adopted under a bilateral adoption arrangement, the child enters Australia under the care of their parent.

Letter of support from STCAA must be on the appropriate letterhead and include the following details:

• Details of the visa applicant including name, sex, date of birth, nationality and place of usual residence
• Advice that the applicant has been allocated by the relevant CAA outside Australia to the prospective adoptive parents (sponsors)
• Advice that the arrangements have been made in accordance with the bilateral adoption arrangement

After Adoption

Following documents must be provided for approval of Adoption visa:

• ACC
• Child’s passport
• Child’s birth certificate

 

Other State/Territory Arranged Adoptions

This arrangement covers a child adopted through Australian STCAA under the adoption agreement other than the Hague Adoption Convention or a bilateral adoption arrangement. These are usually agreements that were negotiated before the Hague Adoption Convention commenced on 1 December 1998. Adoptions will either be finalised or recognised by a court in Australia after the child enters Australia.

Letter must be on the appropriate letterhead and include the following details:

• Details of the visa applicant including name, sex, date of birth, nationality and place of usual residence
• Advice that the applicant has been allocated to the prospective adoptive parents (sponsors) by a competent authority in the country of the child’s usual residence giving the full names of the prospective parents and the name and address of the competent authority

After Adoption

Following documents must be provided for approval of Adoption visa:

• Details of child including name, date and place of birth
• Details of adoptive parents including names and nationalities
• Details of the adoption order (if any)
• Names and address of competent authorities of both Australia and the other country who agreed to the adoption
• Permission for the applicant to travel to Australian in the care of the prospective adoptive parents for adoption in Australia

 

Third Country Hague Adoption Convention Adoptions

Where Australian adoptive parents habitually resides in a Convention country other than Australia and adoption has been made from another Convention country (not Australia).

Required Documents

• Form 47CH – Application for Migration to Australia by a Child and any required supporting documents
• Form 40CH – Sponsorship for a Child to Migrate to Australia and any required supporting documents (ex. Evidence of permanent residence status or Australian citizenship)
• ACC issued by the competent overseas authority