Book a paid Consultation

Adoption and Immigration in Australia

Dec 12, 2023 | AUS | 0 comments

Under Australian Immigration laws, it is possible to bring adopted children into the country to live with their adoptive parents. 

Generally, there are various types of adoption, there are:

Simple Hague or bilateral adoptions finalized –  onshore

In cases where Australian Adoption Authorities typically play a role, certain countries engaged in bilateral arrangements or adhering to the Hague Convention may not provide adoption compliance certificates. Such adoptions, referred to as “simple” Hague Convention adoptions, lack recognition under Australian law until they are formally concluded within Australia. To facilitate the child’s entry into Australia, a visa, typically the subclass 102 Adoption visa, is necessary.

Full Hague Convention or bilateral arrangement adoptions – offshore

Australian adoption authorities play a role in cases where an Australian citizen or citizens adopt a child through either full Hague Convention adoption arrangements for Intercountry adoptions or a bilateral agreement between Australia and another country. The adoption process is completed abroad, resulting in the issuance of a valid adoption compliance certificate. Documents provided by authorities to fulfill the adoption compliance certificate requirements are referred to as those associated with “full Hague” convention adoptions.

Importantly, these adoptions gain recognition under Australian law, and specific details can be found in the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998, particularly in regulations 16 and 17.

Expatriate adoptions Generally offshore

When Australians residing overseas adopt a child abroad without any participation from Australian adoption authorities, these adoptions lack recognition under Australian law. In order for the child to enter Australia, a visa is necessary, typically in the form of a subclass 102 Adoption visa.

Customary adoption 

This type of adoption is when a child is adopted according to customary practices, not following a formal adoption process. It may be difficult when temporary visa holders want to bring children adopted this way, if there are specific circumstances where this may be recognised. Like for example, when the family has been involved in war or natural disasters when this type of adoption takes place. It is important to seek legal advice if you are in this situation. 

Crystal Migration can help you prepare and organize adoption visas or in situations where a child is adopted in other ways and you want to bring your adopted child.