Children adopted overseas
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If a child is adopted overseas, how does the child become an Australian citizen?
It depends on how the adoption has been finalised:
- overseas under the Hague Convention on Intercountry Adoption
- overseas under other arrangements
- adoption finalised in Australia.
Adoption finalised overseas under the Hague Convention on Intercountry Adoption
A child adopted overseas by an Australian citizen under ‘full and permanent’ Hague Convention arrangements may be eligible to become an Australian citizen if:
- an adoption compliance certificate has been issued
- the adoption is recognised in Australia for the laws of the Commonwealth and each State and Territory
and - there is no need to seek further legal recognition of the adoption in Australia.
Note: The adoption compliance certificate is one issued in accordance with Article 23 of the Hague Convention. It must indicate when and by whom the adoption was agreed to and include the name of the Central Authorities of both Convention countries.
See: Form 1272 Children adopted under the Hague Convention on Intercountry Adoption
How to apply
You must complete the four steps in the table below:
| Step | Action |
|---|---|
| 1 | Check the requirements in Form 1272 to ensure that the child is eligible for Australian citizenship by adoption. |
| 2 | Fill in Form 1272 Children adopted under the Hague Convention on Intercountry Adoption and send it
with the fee and supporting documents to our office in Australia or overseas. |
| 3 | Include all supporting documents. |
| 4 | Contact your nearest office in Australia or overseas for lodgement details. Note: There is a fee of AUD$110 as listed on Form 1298i. |
Adoption finalised overseas under other arrangements
Children adopted overseas through other processes are eligible to apply for conferral of Australian citizenship. They must have at least one adoptive parent who is an Australian citizen and must hold an adoption visa or any other permanent visa. Citizenship applications can be lodged in Australia or overseas.
See: Applying for citizenship
Please note: There may be requirements listed in Form 1290 Application for Australian citizenship by conferral – other situations that are not applicable to your circumstances. If in doubt, please contact the office where you will lodge the application.
Adoption finalised in Australia
If the adoption process is completed in Australia through an Australian State or Territory Government process, the child will automatically acquire Australian citizenship at the time of the adoption if at least one of the adoptive parents is an Australian citizen and the child is in Australia as a permanent resident.
See: Automatic citizenship
See also: Fact Sheet 36 Adopting children from overseas