I plan to adopt a child from overseas. How do I bring the child to Australia ?

If you are an Australian citizen, holder of a permanent visa or eligible New Zealand citizen, you may be able to sponsor your adopted child for migration to Australia.

In Australia, inter-country adoption matters are the responsibility of State and Territory adoption authorities. These authorities manage the arrangements for adopting children from overseas, including assessing and approving prospective adoptive parents.

They also negotiate with overseas authorities regarding new or existing programs concerned with placing children for adoption in Australia.

The adoption must be supported by a State or Territory adoption authority unless the adoptive parent has been genuinely resident overseas for 12 months at the time of the visa application.
State and Territory adoption authorities will not normally give approval for Australians to adopt a child who is a relative, or a particular child already known to them.

I have made private arrangements to adopt a child from overseas. How do I bring the child to Australia ?

The only circumstance where a visa may be granted to a child adopted privately overseas is where the adoptive parents have been living overseas for more than 12 months at the time of the migration application. They must also show that :

• their residence overseas was not contrived to deliberately bypass any requirements concerning entry of adopted children into Australia,
• they have lawfully acquired full and permanent parental rights by the child's adoption. This means that the adoption order must sever the legal relationship between the child and its natural parents, and
• the relevant authorities in the overseas country approve the child's departure to Australia.

The child also needs to meet the standard migration requirements including the health criteria.
State and Territory adoption authorities do not generally support privately-arranged adoptions, including children who are relatives. They will not help sponsors to meet the requirements of Migration Regulations for granting a visa to an adopted child.

"Full and permanent" adoption does not exist in the laws of some countries; for 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 a visa.

If you wish to proceed with an adoption that has not been arranged by your State or Territory adoption authority, it is strongly recommended you first seek legal advice both in Australia and in the overseas country.

You need to ensure that the adoption meets the requirements of Migration Regulations and that the child will be eligible to enter Australia.

There is no provision to grant a visa to a child who does not meet the requirements of Migration Regulations, even if the adoption has already occurred and is lawful in that country.

More information on the adopted child visa?

For more information on the adopted child visa, contact us