Adopted Children of Australian Citizens
What if my child was adopted?
A requirement for Citizenship by Descent is that a person has an Australian citizen parent at the time of their birth. Children who are adopted outside Australia under other adoption arrangements, as well as privately arranged adoptions that take place in Hague Convention countries, are not eligible to be registered as an Australian citizen by full Hague adoption.
Such children may be eligible to apply for an Australian permanent residency visa such as an Adoption visa (subclass 102) or be included as a dependent child on a partner migration application (subclass 100 or 300). Once a permanent residency visa is successfully granted and activated, the child may be eligible to apply for Australian citizenship by conferral, using Form 1290.
Further information regarding Australian visas can be sourced from the department’s Australian website at http://www.border.gov.au
What if my child has been adopted under The Hague Convention?
The Hague Adoption provisions were introduced into the Act on 1 July 2007. It provides an equivalent pathway to citizenship for children adopted under full Hague Convention adoption arrangements as is available for children born overseas to Australian citizen parent/s under the descent provisions.
A Hague Convention adoption is one that has been arranged under one of Australia's Intercountry adoption programmes by the relevant Australian State or Territory adoption authority with the adoption authority of the other Hague Convention country.The adoption is highly specific and there are many rules and conditions that have to be met for the adoption to be a full Hague adoption. In a full Hague adoption all legal ties with the birth parents have been severed, and the parents do not need to seek further recognition of the adoption in Australia. The child is eligible to be registered as an Australian citizen without first going through the migration process.
To be eligible to apply for citizenship using Form 1272, a valid Adoption Compliance Certificate (ACC) must be issued by the Adoption Central Authorities in the country in which the child was adopted. The ACC must be in accordance with Article 23 of the Hague Convention.
Further information on how to apply for Australian Citizenship for your child if they were adopted by an Australian citizen in accordance with the Hague Convention on Intercountry Adoption can be found at the department’s Citizenship website at: http://www.border.gov.au/Trav/Citi