The subclass 102 adoption visa allows Australian citizens, Australian permanent residents and eligible New Zealand citizen adoptive parents to bring children born overseas into Australia.

The visa grants permanent residency to the adopted child upon grant of the visa.

This visa application comes with strict legal requirements therefore, it is important to understand how this visa works before starting the adoption process to prevent hardship and delays.

Main Requirements for a subclass 102 Adoption Visa

1. The adoption must be legally recognised

Per Department of Home Affairs (DOHA) guidance the child must be adopted or in the process of being adopted, through one of the following a recognised adoption pathways under Australian law:

• Through an adoption or arrangement with the involvement of an Australian state or territory central authority; or
• Through an intercountry adoption between countries that are parties to the Hague Convention; or
• Through an overseas adoption, meaning no Australian state or territory central authority is involved. This option requires the eligible sponsor (adoptive parent) to be outside of Australia for at least 12 months before the visa application is lodged. Further, when a child is adopted overseas and not in accordance with Australian laws, they may not meet the requirements of this visa pathway in some circumstances.

In some adoptions under the Hague Convention with an Australian citizen parent, the child may be eligible for citizenship and therefore, will not require a visa to enter Australia.

The adoption process in Australia can be complex, and we recommend engaging a specialist adoption lawyer to work in conjunction with our migration team.

• The child’s best interests must be demonstrated

The visa will only be granted if it is the ‘best interest’ of the child. The ‘best interests’ requirement operates more like a protective safeguard. The DOHA can refuse the visa if granting it would not be in the child’s interests such as:

• concerns about child welfare or exploitation;
• lack of proper parental consent;
• concerns about the legitimacy of the adoption;
• child protection issues involving the sponsor; or
• situations where the move would adversely affect the child

Furthermore, the adoption must generally not be arranged for migration purposes alone. Adopting your niece when her parents are able to sufficiently care for her so that she can receive the ability to live in Australia and experience the benefits of doing so would likely cause the DOHA concern.

• Sponsorship requirements

The child must be sponsored by an eligible adoptive parent.

The adoptive parent must meet the following sponsorship requirements:

• Australian citizen or eligible New Zealand citizen, or hold an Australian permanent visa;
• Be the child’s adoptive parent or their prospective adoptive parent;
• Be18 years of age or older; and
• Able to provide adequate accommodation and financial support to meet the child’s needs for at least their first two years in Australia.

The sponsor and spouse or de facto partner must not have pending offences. Past offences will be considered carefully and could jeopardise eligibility.

• Other key eligibility requirements
  
• The child must be under 18 years of age at the time of application and when the visa is granted;
• The child must be outside Australia when applying for the visa;
• The child must meet Australian health requirements;
• The child must meet character requirements (if over 16 years of age); and
• Any family members who are not immigrating to Australia may also be required to meet Australian health requirements.

Currently, DOHA is not accepting adoption visa applications for children who have been adopted in Pakistan. Immigration regulations change regularly with war and political movements, and it is important to check whether there are any current changes before applying for this visa.

The most common areas of denial include:

• Proceeding with an adoption that is not recognised under Australian law;
• Applying for the visa before the adoption is properly recognised, as the child must generally enter Australia within 12 months of visa grant; and
• Submitting missing or inconsistent documentation with the visa application or failing to respond to the DOHA requests.

Obtaining advice early can help you avoid additional fees, delays, refusals, and the distress of being unable to bring your child home.

When a child is granted the Adoption Visa

When a child is granted an adoption visa, they can:

• Remain indefinitely in Australia;
• Work and study in Australia;
• Enrol in Medicare;
• Sponsor eligible relatives to come to Australia (this is why non-migrating family members may also need to meet health requirements, as they may later become temporary or permanent Australian residents); and
• Apply for Australian citizenship, if eligible.

Costs of the Adoption Visa

As of June 2026, the base visa application fee is $3,235.00 AUD.

Additional costs may apply for required documents and advice, such as:

• Health examinations;
• Police clearance certificates;
• Biometrics; and
• Legal representation, if you choose to seek legal advice (which is always strongly recommended).

There is no cost to the sponsor/adoptive parent to submit a sponsorship application for the child. However, there are ongoing financial obligations as the adoptive parent.

These prices are valid at the time of publication and may be subject to change by DOHA at any time.

Best First Steps

We recommend seeking advice from a specialist adoption lawyer and migration specialist so that you can ensure the adoption and migration work together effectively.

Contact our migration team to discuss how we can assist with your subclass 102 adoption visa today.