Child adopted overseas by an Australian citizen

How a child adopted overseas by an Australian citizen acquires their Australian citizenship, depends on how the adoption was finalised.

In Australia

If the adoption process is completed in Australia through an Australian state or territory government process and the child is a permanent resident at the time of the adoption, the child will automatically acquire Australian citizenship. No application for citizenship is required.

Overseas under the Hague Convention or a bilateral arrangement

If the adoption process is completed overseas under the full Hague Convention on Intercountry  Adoption or a bilateral arrangement between Australia and another country prescribed in Schedule 1 of the Family Law (Bilateral  Arrangements-Intercountry Adoption) Regulations 1998, the child is eligible to apply for citizenship using Form 1272 Application for Australian citizenship for children adopted under the full Hague Convention arrangements.

Find out how to apply for Australian citizenship by adoption.

You apply on a paper application form.

Overseas under other arrangements

If the child is adopted overseas under other arrangements, the  child might be eligible for Australian citizenship by conferral if they have entered  Australia as the holder of an Adoption visa or any other visa providing permanent residence.

There are two categories of eligibility:

  • Form 1300t Australian citizenship - General eligibility for applicants aged 18 years and over and under 60 years of age.
  • Form 1290 Australian citizenship – Other situations for applicants aged under18 years applying in their own right.

Find out how to apply for Australian citizenship and apply online.

You can also apply on a paper application form.

Requirements for applications lodged overseas

You should contact your nearest immigration office outside Australia or see their website for more information before lodging your application because:

  • you may be required to attend an appointment and present original documents as part of your application process
  • some posts only accept certain currencies for fee payments with your application
  • some posts will ask you to bring in your original documents and will certify copies for you to attach to your application
  • some posts may only accept copies certified by an Australian citizen in your country of residence
  • some posts may also accept copies certified by a citizen of your country of residence if no Australian is known to you
  • some posts may direct you to their preferred third party for document certification.

Last modified Saturday 18 April 2015