The adoption visa (subclass 102) is an offshore permanent visa that allows a child adopted overseas to come to Australia to live permanently with their Australian citizen or permanent resident adoptive parent. The subclass 102 applies where the adoption has already taken place overseas, or where the adoption process is underway overseas. Two separate pathways exist depending on whether an Australian State or Territory central authority (STCA) was involved in the adoption — STCA-involved adoptions follow a different process from adoptions arranged privately or under the laws of another country without Australian authority involvement. The child must be outside Australia when the application is made. This page explains both pathways, the key eligibility requirements, and the sponsorship process.

For current information on the subclass 102 visa, refer to the DHA adoption visa page.

• Migration Regulations 1994, Schedule 2, subclass 102 — the criteria and conditions for the Adoption visa
• Family Law Act 1975 — recognition of overseas adoptions for the purposes of Australian family law
• Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (1993) — Australia is a signatory; adoptions under the Convention processed through an STCA follow the Hague pathway
• Australian Citizenship Act 2007, s 19C — citizenship by descent or conferral for children adopted by Australian citizens
• DHA: Adoption visa (subclass 102) — immi.homeaffairs.gov.au/subclass-102
• DHA Form 40CH — sponsorship application for a child/orphan relative to migrate to Australia
• DHA Form 47CH — application for child/orphan relative (subclass 102)

Two pathways — STCA-involved and non-STCA

The subclass 102 has two distinct pathways depending on whether an Australian State or Territory central authority (STCA) was involved in the adoption process:

STCA pathway (Hague and bilateral adoptions)

This pathway applies where the adoption was processed with the involvement of an Australian STCA. Australia processes overseas adoptions through STCAs (typically located in state or territory departments of child protection or community services). Key requirements:

• The child must be under 18 years of age
• The adoption must have been arranged with the involvement of an Australian STCA — the STCA is the relevant Australian authority that assessed and approved the adoption overseas
• The adoptive parent must be an Australian citizen or permanent resident who was approved by the STCA to adopt
• The adoption must be legally valid under the laws of the country where it took place and recognised under Australian family law

Hague Convention adoptions (from countries that are also signatories to the 1993 Hague Adoption Convention) and bilateral adoption program adoptions (with specific countries that have bilateral agreements with Australia) follow this pathway.

Non-STCA pathway (private and overseas adoptions)

This pathway applies where no Australian STCA was involved in the adoption — for example, where an adoption took place overseas under local law without Australian central authority participation. Requirements are more demanding:

• The adoption must have been legally completed under the laws of the country where it took place
• The adoption must give the adoptive parent full and permanent parental rights over the child — temporary or conditional arrangements do not qualify
• At least one of the adoptive parents must have resided overseas for at least 12 months immediately before the visa application is lodged — this requirement is designed to ensure the adoption is not primarily a migration strategy
• The child must be under 18

Sponsorship — the adoptive parent's role

The Australian citizen or permanent resident adoptive parent must be approved as a sponsor before the child can apply for the subclass 102. The sponsorship process:

• The adoptive parent lodges Form 40CH — the sponsorship application for a child/orphan relative to migrate to Australia
• The sponsorship application is assessed by DHA — the adoptive parent must meet character requirements and demonstrate the legal basis for the adoption
• Siblings who are being adopted must each have a separate sponsor and a separate visa application — one application and one sponsorship cannot cover multiple children

The visa application — Form 47CH

The child's application for the subclass 102 is made on Form 47CH. As the child is typically a minor, the application is completed by the adoptive parent (or legal guardian) on the child's behalf. The application must be lodged:

• While the child is outside Australia — the subclass 102 is an offshore visa; a child already in Australia cannot apply for the subclass 102 (though may be able to apply for the subclass 802 child visa onshore)
• After the sponsorship (Form 40CH) has been lodged or approved

The child must also meet the standard requirements for Australian visas: health examination, character (as relevant for age), and identity documentation confirming the legal adoption.

After the visa is granted — citizenship pathway

A child adopted overseas by an Australian citizen may also be eligible for Australian citizenship through the adoption pathway under the Australian Citizenship Act 2007. This is a separate process from the visa and does not automatically follow the grant of the subclass 102. The citizenship pathway for adopted children requires:

• The child to have been legally adopted by an Australian citizen
• The adoption to have taken place in Australia or to be recognised under Australian family law

For information on the citizenship by conferral pathway, refer to the Australian citizenship by conferral page and the DHA citizenship for children adopted outside Australia page.

The subclass 102 non-STCA pathway — requiring one parent to have resided overseas for 12 months — is specifically designed to address situations where an overseas adoption was arranged without Australian government oversight. DHA scrutinises these applications more carefully to ensure the adoption has genuine legal force under the laws of the overseas country and is not primarily a migration arrangement. Private adoptions that do not comply with Australian family law requirements (such as informal care arrangements described as adoption) will not qualify. For families adopting through a recognised intercountry adoption program, the STCA pathway (with Hague Convention protection) is the standard and more straightforward process — but this requires engaging with the relevant state or territory adoption authority well before any visa application. For current processing times, application forms, and the list of countries with bilateral adoption programs with Australia, refer to the DHA subclass 102 page.