# Adoption > visa-102 — as in force on 2026-06-01 — F2026C00497 · Compilation No. 287 — https://www.legislation.gov.au/F2026C00497/latest/text Subclass 102—Adoption 102.1—Interpretation 102.111 In this Part: adoptive parent, in relation to an applicant, means the person referred to in paragraph 102.211(2)(b) or 102.211(5)(b). child for adoption means an applicant referred to in subclause 102.211(3) or (4). prospective adoptive parent, in relation to an applicant, means: (a) the unmarried person referred to in subparagraph 102.211(3)(c)(i); or (b) each of the spouses or de facto partners referred to in subparagraph 102.211(3)(c)(ii); or (c) the Australian citizen, holder of a permanent visa or eligible New Zealand citizen referred to in paragraph 102.211(4)(c); as the case requires. Note: eligible New Zealand citizen is defined in regulation 1.03, and adoption is defined in regulation 1.04. 102.2—Primary criteria Note: The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria. 102.21—Criteria to be satisfied at time of application 102.211 (1) The applicant meets the requirements of subclause (2), (3), (4) or (5). (2) An applicant meets the requirements of this subclause if: (a) the applicant has not turned 18; and (b) the applicant was adopted overseas by a person who: (i) was, at the time of the adoption, an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen; and (ii) had been residing overseas for more than 12 months at the time of the application; and (c) the Minister is satisfied that the residence overseas by the adoptive parent was not contrived to circumvent the requirements for entry to Australia of children for adoption; and (d) the adoptive parent has lawfully acquired full and permanent parental rights by the adoption. (3) An applicant meets the requirements of this subclause if: (a) the applicant has not turned 18; and (b) the applicant is resident in an overseas country; and (c) either: (i) a person who is not in a married relationship or de facto relationship, and who is an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen has undertaken in writing to adopt the applicant; or (ii) spouses or de facto partners, at least one of whom is an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen, have undertaken in writing to adopt the applicant; and (d) a competent authority in Australia: (i) has approved the prospective adoptive parent as a suitable adoptive parent for the applicant; or (ii) has approved the prospective adoptive parent and the spouse or de facto partner of the prospective adoptive parent as suitable adoptive parents for the applicant. (4) An applicant meets the requirements of this subclause if: (a) the applicant has not turned 18; and (b) the applicant is resident in an overseas country; and (c) a competent authority in the overseas country has allocated the applicant for prospective adoption by a person who is an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen, or such a person and that person’s spouse or de facto partner; and (d) either: (i) arrangements for the adoption are in accordance with the Adoption Convention; or (ii) the adoption is of a kind that may be accorded recognition by section 7 of the Family Law (Bilateral Arrangements—Intercountry Adoption) Regulations 2023; and (e) a competent authority in Australia: (i) has approved the prospective adoptive parent as a suitable adoptive parent for the applicant; or (ii) has approved the prospective adoptive parent and the spouse or de facto partner of the prospective adoptive parent as suitable adoptive parents for the applicant. (5) An applicant meets the requirements of this subclause if: (a) the applicant has not turned 18; and (b) the applicant was adopted in accordance with the Adoption Convention, in an Adoption Convention country, by a person who was an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen when the adoption took place, or by such a person and that person’s spouse or de facto partner. 102.212 The applicant is sponsored by a person who is: (a) an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen; and (b) in the case of an applicant who is a child for adoption—a prospective adoptive parent of the child; and (c) in the case of an applicant who is an adopted child—an adoptive parent of the child. 102.213 The laws relating to adoption of the country in which the child is normally resident have been complied with. 102.22—Criteria to be satisfied at time of decision 102.221 The applicant continues to satisfy the criteria in clauses 102.211 and 102.213. 102.222 The sponsorship referred to in clause 102.212 has been approved by the Minister and is still in force. Note: Regulation 1.20KB limits the Minister’s discretion to approve sponsorships. 102.223 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009, 4010, 4020 and 4021. 102.225 If the Minister has requested an assurance of support in relation to the applicant, the Minister is satisfied that the assurance has been accepted by the Secretary of Social Services. 102.226 (1) Each member of the family unit of the applicant who is an applicant for a Subclass 102 visa is a person who satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009, 4010 and 4020. (2) Each member of the family unit of the applicant who is not an applicant for a Subclass 102 visa is a person who: (a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and (b) satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion. 102.227 If a person (in this clause called the additional applicant): (a) is a member of the family unit of the applicant; and (b) has not turned 18; and (c) made a combined application with the applicant— public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant. 102.227A If the applicant has met the requirements of subclause 102.211(3), a competent authority in the overseas country has approved the departure of the applicant: (a) for adoption in Australia; or (b) in the custody of the prospective adoptive parent or parents. 102.228 (1) If: (a) the applicant has met the requirements of subclause 102.211(4) or (5); and (b) the adoption of the applicant took place overseas— an adoption compliance certificate is in force in relation to the adoption. (2) If: (a) the applicant has met the requirements of subclause 102.211(4); and (b) the adoption of the applicant is to take place in Australia— the Minister is satisfied that a competent authority in the overseas country has given permission for the child to leave the overseas country in the care of a prospective adoptive parent for the purpose of adoption in Australia. 102.3—Secondary criteria Note: These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria. 102.31—Criteria to be satisfied at time of application 102.311 The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 102.21. 102.312 The sponsorship referred to in clause 102.212 of the person who satisfies the primary criteria includes sponsorship of the applicant. 102.32—Criteria to be satisfied at time of decision 102.321 The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 102 visa. 102.322 The sponsorship referred to in clause 102.312 has been approved by the Minister and is still in force. 102.323 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009, 4010, 4020 and 4021. 102.325 If the Minister has requested an assurance of support in relation to the person who satisfies the primary criteria, the Minister is satisfied that: (a) the applicant is included in the assurance of support given in relation to that person, and that assurance has been accepted by the Secretary of Social Services; or (b) an assurance of support in relation to the applicant has been accepted by the Secretary of Social Services. 102.326 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant. 102.4—Circumstances applicable to grant 102.411 (1) The applicant must be outside Australia when the visa is granted if the visa is not a visa to which subclause (2) applies. (2) This subclause applies to a visa if: (a) the visa is granted after 26 February 2021; and (b) the application for the visa was made before the end of the concession period described in subregulation 1.15N(1); and (c) the applicant for the visa: (i) was in Australia at any time during that concession period; and (ii) is in Australia, but not in immigration clearance, when the visa is granted. 102.5—When visa is in effect 102.511 Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant. 102.6—Conditions 102.611 First entry must be made before a date specified by the Minister for the purpose. 102.612 Either or both of conditions 8502 and 8515 may be imposed.