This visa allows the child to:

• live permanently in Australia with their adoptive parent
• travel to and from Australia for five (5) years from the date the visa is granted.

The child must have been adopted or be in the process of being adopted by an adoptive or prospective adoptive parent.

The child must be outside Australia when their visa application is lodged and when the visa is granted.

The department will assess and decide applications for this visa in accordance with Migration Regulations.

Certain circumstances must be met for adoptive or prospective adoptive parents to apply for this visa on behalf of the child.

Adoptive parents living in Australia
Your relevant Australian State or Territory Adoption Authority (STAA) must be involved in managing the adoption process with the overseas country where the child is living.

If you are considering adopting a child from overseas, you should contact the adoption authority in your state or territory. 

Adoptive parents living overseas
The following circumstances apply for adoptive or prospective adoptive parents who are living overseas:

• you must have been living overseas for the 12 months prior to making an application for this visa
• your residence overseas was not solely to adopt a child
• the adoption was in accordance with the laws of the country in which the child lives
• the adoption gives you full and permanent parental rights (i.e. the adoption severs the legal ties between the child and its birth parents).
  or

You have adopted the child under an arrangement between two (2) Hague Convention countries other than Australia.

Privately arranged adoptions
Australian State and Territory Adoption Authorities do not generally support privately arranged adoptions, including the adoption of children who are relatives. They will not help applicants/sponsors to meet the visa requirements for granting a visa to an adopted child.

The concept of adoption does not exist in the laws of some countries.
Example: Many Islamic countries

An adoption order which does not grant full parental rights to the adoptive parents is not acceptable for the grant of an Adoption visa.

As adoptive or prospective adoptive parents, you need to ensure that any privately arranged adoption is lawful in the child’s home country.

There is no provision to grant a visa to a child who does not meet the circumstances for this visa even if an adoption, that is lawful in the child’s home country, has occurred.

Important: If you want to proceed with an adoption from overseas, which has not been arranged by your Australian State and Territory Adoption Authority, it is strongly recommended you first seek legal advice both in Australia and in the country where the child lives.

Sponsorship requirements
The applicant must have been adopted or be in the process of being adopted by the adoptive or prospective adoptive parent who must act as sponsor for the child. Sponsors must be aged 18 years or over, and be one of the following:

• an Australian citizen
• the holder of an Australian permanent visa
• an eligible New Zealand citizen.

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