Who this may suit
Prospective or adoptive parents considering Adoption visa 102, and eligible relatives considering Orphan Relative visas 117 or 837 for a child under 18.
Key considerations
- An overseas adoption must fit an eligible Australian immigration arrangement; an overseas adoption order alone does not establish visa eligibility.
- Orphan Relative visas concern specific circumstances in which no parent is able to care for the child. They are not a general pathway for moving a child to live with relatives.
- Check the child’s age, location, legal care arrangements and the proposed sponsor’s eligibility before making adoption, travel or care commitments.
Adoption visa 102
This permanent visa concerns children adopted, or being adopted, overseas through an eligible arrangement. The child must be under 18 at adoption, application and decision. For new applications, the child must be outside Australia when applying and when the visa is granted.
The adoption process and the immigration process have separate requirements. A foreign adoption order alone does not establish eligibility. The arrangements may involve an Australian state or territory authority, an eligible Hague Convention process, or an expatriate adoption that meets additional rules. For expatriate adoptions, residence overseas, full parental rights and the reason for that residence require careful review. Seek independent adoption-law advice before committing to an arrangement.
Orphan Relative visas 117 and 837
These permanent pathways concern a single child under 18 with no parent able to care for them because the parents have died, cannot be found or are permanently incapable of providing care. A capable parent being unwilling to care for the child does not satisfy this requirement.
Subclass 117 requires the child to be outside Australia at application and decision. Subclass 837 requires the child to be in Australia, outside immigration clearance, at both application and grant. An eligible settled relative must sponsor the child; the permitted relationships and the sponsor’s circumstances need checking.
Prepare evidence of the child’s relationship to the sponsor and the position of each parent. Where a parent is missing, the history and attempts to locate them matter. The onshore 837 pathway also requires a review of the child’s visa history and current status.
Prepare the adoption or care evidence
- Identify the child’s current location, citizenship and any visa expiry date.
- Bring birth, adoption and family-relationship records, plus existing application and grant notices.
- Explain who has legal responsibility for the child, who provides day-to-day care and who can decide where the child lives.
- List approaching birthdays, planned travel and changes in family circumstances so timing risks can be assessed.
How we can help
Discuss the available immigration pathways, the family evidence to prepare and any issue that calls for separate adoption or family-law advice. The scope of assistance can be agreed after the initial review.
Questions to consider
Is having an Australian relative enough for an Orphan Relative visa?
No. The sponsor must meet the relevant requirements, and the child must meet the specific parental-care, age, relationship and location criteria. A capable parent being unwilling to care for the child is not enough.
Can we arrange an adoption first and deal with the visa later?
Get specialist advice beforehand. An adoption that is lawful overseas may still fail Australian immigration requirements. Relevant adoption authorities and qualified legal advisers should review the arrangement.
What if another parent will not provide consent?
Raise this early. The legal right to decide where a child lives must be established through the applicable consent, law or court-order requirements. Immigration advice cannot replace family-law advice about a dispute.
Your next step
Start with the proposed adoption arrangement or the circumstances preventing parental care, the child’s age and location, and the proposed sponsor’s Australian status. Arrange immigration and any necessary adoption or family-law advice before making commitments.