# Children born in Australia

> act-s78 — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

78 Children born in Australia
          (1) If:
                (a) a child born in Australia is a non-citizen when born; and
                (b) at the time of the birth:









                       (i) one of the child’s parents holds a visa (other than a
                           special purpose visa); and
                      (ii) the other parent is, under section 83, included in that
                           visa or does not hold a visa (other than a special purpose
                           visa);
               the child is taken to have been granted, at the time of the birth, a
               visa of the same kind and class and on the same terms and
               conditions (if any) as that visa.
          (2) If:
                (a) a child born in Australia is a non-citizen when born; and
                (b) at the time of the birth, each of the child’s parents holds a
                    visa (other than a special purpose visa);
              the child is taken to have been granted, at the time of the birth,
              visas of the same kind and class and on the same terms and
              conditions (if any) as each of those visas.
          (3) Subdivisions AA, AB, AC (other than section 68) and AH do not
              apply in relation to visas granted under this section.