Expatriate adoption occurs when an Australian living abroad adopts a child from the country in which he or she is resident. Expatriate adoption can also include third country adoption, where an Australian living abroad in country B, adopts a child from country C. In both instances, the adoption must comply with the domestic adoption laws of the child’s overseas country of usual residence and must be finalised in that country.
Note: Depending on the law and adoption process of the countries involved, such adoptions may or may not be able to meet Australian migration law or family law requirements.
Australian Commonwealth, state and territory adoption authorities are not responsible for expatriate adoptions, and do not assess or approve applications for such adoptions.
Children adopted by Australian citizens or permanent residents via expatriate adoption arrangements are not automatically entitled to visas for entry to Australia. Any expatriate adoption must meet Australian immigration requirements in addition to being a lawful adoption in the overseas country. The most appropriate visa is the subclass 102 Adoption Visa.
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