Child and Sponsor Eligibility

Certain circumstances must be met by adoptive parents, or prospective adoptive parents, applying for this visa on behalf of the child.

Further information on adopting a child outside Australia is available from the department’s website.
See: Fact sheet 36 – Adopting a Child from Overseas

Adoptive parents living in Australia

Your relevant Australian state or territory central adoption authority (STCAA) must be involved in managing the adoption process with the country where the child is living.

If you are considering adopting a child from outside Australia, you should contact the central adoption authority in your state or territory.
See: State and Territory Central Adoption Authorities

Privately arranged adoptions

Australian STCAAs do not generally support privately arranged adoptions either from in or outside Australia, including the adoption of children who are relatives. They are not able to help children or sponsors to meet the eligibility requirements for granting a visa to an adopted child.

Important: If you want to proceed with an adoption from outside Australia, which has not been arranged by your STCAA, it is strongly recommended you first seek legal advice both in Australia and in the country where the child lives.

Adoptive parents living outside Australia

Adoptions that are undertaken by Australian citizens, permanent residents or eligible New Zealand citizens who usually live in countries other than Australia, and that are arranged without the assistance of an Australian STCAA, are known as expatriate adoptions.
See:
Family Members - Definitions
Expatriate Adoptions

Eligibility for sponsorship

The child must have been adopted – or be in the process of being adopted – by the sponsor. Sponsors must be 18 years of age or over and be one of the following:

• an Australian citizen
• the holder of an Australian permanent visa
• an eligible New Zealand citizen.
  Note: A sponsor who is an eligible New Zealand citizen must also meet health and character requirements.
  See: Family Members - Definitions

Eligibility for the child

The child must be under 18 years of age at the time their application is lodged.  If the child is under 18 years of age at the time of application, but will turn 18 before the application is decided, they will not be eligible for this visa.

Health requirements

The child must meet health requirements.
See: Health Requirements

Character requirements

The child must meet the character and penal clearance requirements to enter or remain in Australia if they have turned 16 years of age.
See: Character and Penal Clearance Requirements

Sponsorship limitation and best interests of the child

Sponsorship cannot be approved (except in very limited circumstances) where the sponsor or the sponsor's spouse or de facto partner (if they have one) has a conviction or an outstanding charge for an offence against a child. The applicant will also need to satisfy the requirement that there is no compelling reason to believe that the grant of the visa would not be in the best interests of the child.

To assess the sponsorship application and the best interests of the child requirement, sponsors, and their spouse or de facto partner, must submit an AFP National Police Check and foreign police certificates, depending on their circumstances. If the sponsor, or their partner, has spent a total of 12 months or more in Australia since turning 16 years of age, that person must provide an AFP National Police Check. They must also provide police certificates from each country in which they have spent a total of 12 months or more in the last 10 years since turning 16 years of age.

Exception:  Where an Australian STCAA has approved the adoption and an AFP National Police Check was obtained as part of the approval process, a further AFP National Police Check is not required with the application.
See: State and Territory Central Adoption Authorities

Note: Sponsors or partners who are required to submit a National Police Check must complete the National Police Check application form which is available from the Australian Federal Police website. Sponsors or partners should use Code 33 at Question 1 on the form and include details of all names they have been known by. If an AFP Certificate is provided based on incorrect information, the department may request another certificate. Fingerprints are not needed for National Police Checks.
See:
Stronger Measures for the Protection of Children
AFP National Police Checks
Character Requirements Penal Clearance Certificates (233KB PDF file)

Reliance on social security

If the child, or their sponsor, is likely to access Australia's social security system, an Assurance of Support from an Australian citizen, or Australian permanent resident, may be needed. If so, the department will advise how an Assurance of Support is obtained.
See: Assurance of Support

Before lodging an application, please read all related requirements.
See: Eligibility