Adoption Visa (Subclass 102)

What is the Adoption visa?

The Adoption visa (subclass 102) is a permanent visa for a child adopted — or being adopted — outside Australia by an Australian citizen, permanent resident or eligible New Zealand citizen. It is a niche visa with an unforgiving structure: the migration application usually cannot be fixed after an adoption done the wrong way, because the visa rules depend on how the adoption itself was arranged.

At a glance (updated 20 August 2026)

Confirm on the Department of Home Affairs website before lodgement.

The three adoption pathways the visa recognises

1. Adoption through an Australian State or Territory central authority — the intercountry adoption program (Hague Convention or bilateral arrangement). The authority manages the adoption; the 102 gives the child permanent residence

2. Hague Convention adoption arranged between authorities of two other countries — where the adoptive parent was living overseas

3. Private or "expatriate" adoption — lawful adoption under the law of the child's country while the adoptive parent was residing overseas for more than 12 months at lodgement, and the residence was not contrived to circumvent Australian intercountry adoption rules

The third pathway is where families most often go wrong: an adoption completed overseas during a short stay, or arranged privately while living in Australia, generally cannot support a 102.

What the Department assesses

• The adoption's legal validity under the relevant pathway

• Full parental rights: the adoptive parent(s) must have acquired full and permanent parental rights, with the child's overseas parents' rights lawfully terminated

• Sponsorship, health and character; the best interests of the child

• The child: under 18 at both lodgement and decision, and outside Australia at the required times

Where 102 plans go wrong

1. Adopting first, checking migration law second — the visa pathway depends on how the adoption was arranged; reverse the order

2. The 12-month overseas-residence rule missed in expatriate adoptions — or residence that looks contrived

3. Incomplete termination of the birth parents' rights under the home country's law

4. Timing the 18th birthday — the child must be under 18 at lodgement and at decision; late lodgements gamble on processing speed

Adoption migration advice — Australia-wide and overseas

Migration Vision advises adoptive families across Australia and parents living overseas — pathway analysis before the adoption is finalised, evidence of parental rights, and the 102 lodgement done correctly. Online consultations in English, Hindi, Urdu and Punjabi.

Frequently asked questions

How much does the Adoption visa cost in 2026?

From $4,040 for the child's application on 1 July 2026 pricing. State/territory adoption program costs are separate.

How long does the 102 take to process?

On the Home Affairs tool (20 August 2026): 50% of applications in 7 months and 90% in 16 months.

Can we adopt a relative's child overseas and bring them on a 102?

Only if the adoption fits one of the recognised pathways — through an Australian central authority, a Hague arrangement, or a lawful private adoption while the adoptive parent genuinely resided overseas for more than 12 months. A private adoption arranged from Australia generally cannot support the visa; get advice before the adoption, not after.

Does the child become a permanent resident?

Yes — the 102 is a permanent visa, and citizenship pathways open from permanent residence in the usual way.

Reviewed by Dr Asad Muhammad Khan, Registered Migration Agent, MARN 2619525. Updated 20 August 2026 — charge verified against the Department of Home Affairs 102 visa page and processing times against the Home Affairs global visa processing times tool on that date. This page is general information, not migration advice for your circumstances.