Adoption Visa 102 Australia 2026: Intercountry and Expatriate Adoption Requirements

5 days ago

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The Adoption visa (subclass 102) is a permanent Child visa for eligible children adopted, or in the process of being adopted, outside Australia by an eligible adoptive or prospective adoptive parent.

The child must be under 18

Home Affairs states that the child must have been under 18 at the time of adoption and must still be under 18 when the visa application is lodged and when it is decided.

Official source: Department of Home Affairs — Adoption visa 102.

The child must apply from outside Australia

The child must be outside Australia when the application is made and when the Department decides the application.

Recognised adoption pathways

Subclass 102 can cover specified intercountry adoption arrangements involving an Australian state or territory central authority, qualifying Hague Convention arrangements between other countries, and certain expatriate adoptions.

Expatriate adoption has additional safeguards

For an expatriate adoption, at least one adoptive parent must generally have lived outside Australia for more than 12 months immediately before the visa application, must not have moved overseas to avoid Australia's intercountry adoption laws, and must hold full and permanent parental rights under a valid overseas adoption.

Overseas adoption does not automatically guarantee a visa

Home Affairs expressly warns that an overseas adoption valid under another country's law does not automatically mean the child satisfies Australian subclass 102 requirements. The Department recommends obtaining independent legal advice where expatriate adoption issues arise.

Permanent residence

If granted, subclass 102 is permanent and allows the child to live, work and study in Australia and access Medicare under the usual rules. The initial travel facility generally lasts five years.

For other child pathways, see Child Visa 101 vs 802 Australia 2026.