Requirements to be eligible for Adoption visa (subclass 102):

To be eligible for Adoption visa (subclass 102), you and your adopted child must meet certain requirements. Firstly, you must be approved sponsor. But, the process and specific requirements can vary depending on the type of adoption and the laws of the child’s home country and the relevant Australian state or territory. But the main and general eligibility are listed below.

1. Child’s Eligibility:
Age: The child must generally be under 18 years of age when the application is lodged and when the visa is decided.
Adoption Status: The child must have been adopted, or be in the process of being adopted, by their sponsoring parent(s) in accordance with the laws of their home country and, where applicable, Australian laws and international agreements (like the Hague Convention on Intercountry Adoption).
Overseas: The child must be outside Australia when the visa application is lodged and when it is decided.
Best Interests of the Child: The adoption or proposed adoption must be in the best interests of the child. All legal requirements in the child’s country of origin and in Australia must be met.
Parental Consent: If required, there must be proper consent for the adoption from the child’s biological parents or other legal guardians.

2. Sponsor (Adoptive Parent) Eligibility:
Status: The sponsoring parent must be an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen.
Age: The sponsoring parent must usually be 18 years of age or older.
Sponsorship Approval: The adoptive parent must be approved as a sponsor.
State/Territory Involvement: In many cases, the adoptive parents must have been assessed as suitable to adopt by an Australian state or territory central authority, and that authority must be involved in the adoption process. This is especially true for adoptions under the Hague Convention or bilateral agreements.
Living Arrangements: The sponsor must be able to provide adequate accommodation, financial support, and care for the child.

3. Adoption Process Requirements:
Legal Adoption: The adoption must be legally valid in the country it took place and must give the adoptive parents full and permanent parental rights. If the adoption is an “expatriate adoption” (where an Australian citizen or permanent resident adopts while living overseas), specific conditions apply regarding their period of residence overseas.
Hague Convention/Bilateral Agreements: If the child is adopted from a country that is a signatory to the Hague Convention on Intercountry Adoption, or a country with which Australia has a bilateral adoption agreement, the adoption must comply with the specific processes outlined in those agreements.
Private Adoptions: Adoptions arranged privately without the involvement of an Australian state or territory adoption authority are often complex and may face greater scrutiny.

4. Health Requirements (for the child):
The child must meet Australia’s health requirements. This may involve health examinations. The specific examinations depend on the child’s age and circumstances.

5. Character Requirements (for the sponsor and child):
The sponsoring parent(s) must meet character requirements. This will involve police checks.
The child may also need to meet character requirements if they are of a certain age (usually 16 years or older), though this is less common for young children.

6. No Debt to the Australian Government:
The child and the sponsor must have no outstanding debts to the Australian Government or have made arrangements to repay any outstanding debts.

7. Australian Values Statement:
Sponsors (and the child if 18 years or older) may need to have read, or had explained to them, the ‘Life in Australia’ booklet and sign an Australian Values Statement.
(Important Note: Adoption laws and processes are complex and vary between countries and Australian states/territories. It is crucial to seek advice from the relevant Australian state or territory adoption authority before starting any adoption process.)

Checklist for Adoption visa (Subclass 102)

(This is a general guide. The specific documents required will vary based on the child’s country of origin, the type of adoption, and individual circumstances. Always refer to the document checklist provided by the Department of Home Affairs or our migration agent here when you apply.)

A. Child’s Identity and Civil Documents:

• Passport bio-data page (certified copy) for the child.
• Recent passport-sized photographs for the child (check specifications).
• Child’s original birth certificate (showing names of biological parents, if available).
• National ID card for the child (if applicable).
• Evidence of any name change for the child (if applicable).

B. Adoption Documents:

• Official adoption certificate or order issued by the relevant authority in the country of adoption.
• Evidence that the adoption meets the legal requirements of the country of adoption and Australia.
• If applicable, evidence of compliance with the Hague Convention on Intercountry Adoption or a bilateral agreement (e.g., letter from the Australian state/territory central authority).
• Full, unconditional consent to the adoption from the child’s biological parents or legal guardians, or evidence that such consent is not required (e.g., death certificates, court orders).
• Reports from the overseas adoption agency or relevant authorities regarding the child’s history and background.
• Evidence that the adoptive parents have full and permanent parental rights.

C. Sponsor’s (Adoptive Parent’s) Documents:

• Passport bio-data page (certified copy) for each sponsoring parent.
• Evidence of Australian citizenship, permanent residency, or eligible New Zealand citizen status for each sponsoring parent (e.g., birth certificate, citizenship certificate, visa grant letter).
• Marriage certificate for sponsoring parents (if applicable).
• Evidence of any name change for sponsoring parents (if applicable).
• Sponsorship application forms and approval letter.
• Evidence of approval or involvement from an Australian state or territory central adoption authority (if applicable).
• Evidence of financial capacity to support the child (e.g., employment details, bank statements, tax assessments).
• Evidence of suitable accommodation.

D. Health Documents (for the child):

• Results of any required health examinations for the child.
• Child’s immunisation records.

E. Character Documents:

• Police certificates for each sponsoring parent from every country they have lived in for a total of 12 months or more in the last 10 years since turning 16.
• Australian police certificate for each sponsoring parent.
• If the child is 16 years or older, they may also need to provide police certificates.

F. Parental Responsibility and Custody Documents (if applicable):

• Court orders or legal documents regarding custody or parental responsibility if the child was previously in the care of others.

G. Forms:

• Completed visa application form for the child (e.g., Form 47CH Application for migration to Australia by a child).
• Completed sponsorship form by the adoptive parent(s) (e.g., Form 40CH Sponsorship for a child to migrate to Australia).
• Form 1229 Consent to grant an Australian visa to a child under the age of 18 years (if one parent is not migrating or if there are other custody considerations).
• Form 956A Appointment or withdrawal of an authorised recipient.
• Form 956 Appointment of a registered migration agent, legal practitioner or exempt person.