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What is an Adoption Visa?
The permanent entry to Australia (and ultimately citizenship) of children who have been adopted overseas is usually by way of an Adoption Visa (subclass 102).
Australia is a signatory to the Hague Convention on the Protection of Children and Cooperation in regard to Inter-country Adoption. It came into force in Australia in December 1988. The objectives of the Convention are to:
- eliminate abduction, trafficking or sale of children
- ensure inter-country adoptions are in children’s best interests and
- ensure processes are according to consistent law and practice
Requirements for Parents
- at least one adoptive parent must be an Australian citizen or resident at the time, and
- must have been residing outside of Australia at least 12 months (the absence from Australia must not contrived for the purpose of adoption)
The Australian High Commission is not involved in selection of children, legal assistance, home studies, court process, deed polls, etc
For details on Singapore Government's processes please contact Singapore's Ministry of Community Development, Youth and Sports (MCYS).
Website and information
See: fcd.ecitizen.gov.sg/ChildrenNParenthood/AdoptAChild/
Please note that home studies required will be performed by recognised list agencies
Requirements for Children
- any nationality (please note for applicants residing in Australia that adoptions occurring in Australia are potentially covered by separate bilateral agreement.
*See: www.ag.gov.au/www/agd/agd.nsf/Page/IntercountryAdoption_Currentintercountryadoptionprograms
- must be the subject of lawful adoption order, that is:
- adoption recognised in country of citizenship/country of residence of the natural parents at the time the child was born;
- adoption order gives adoptive parents permanent and irrevocable rights
- the child must not have been trafficked (that is, no monies have been paid to natural parents)
Please also read general information supplied by the Australian Attorney-General's Department on Expatriate Adoption
See: www.ag.gov.au/www/agd/agd.nsf/Page/IntercountryAdoption_ExpatriateAdoption
*Please note that while Australia does not prohibit the adoption of children from particular countries, it is mindful of factors such as trafficking in children and hence it is recommended that you discuss the possible proposed country of adoption with the Principal Migration Officer before adopting a child.
**Please note: There have been a number of incidents where children have not obtained appropriate adoptive orders. It is imperative to ensure that the child has been adopted in accordance with the laws of the country in which the natural parents were resident at the time the child was born (this means that while a child may also undergo the recognition of their adoption in Singapore, it is necessary for the Australian government to see that the child has been legally adopted in the country where the natural parents were residing at the time the child was born).
For further information on the Adoption visa programme,
See: Fact Sheet 36 - Adopting Children from Overseas
The Process
Prior to the adoption in Singapore, MCYS may need an “Embassy letter” (adoptive parents may be asked for a letter confirming Australian citizenship will be granted on adoption; the High Commission is only authorised to confirm that permanent residency will be granted if all requirements for the visa are met, after which citizenship can be applied for). For the production of this letter you will need to present to the High Commission the passports of the adoptive parent(s), evidence that you have resided outside Australia for more than 12 months and evidence that the stay was not contrived for the purpose of adoption (eg. evidence of an employment contract or other evidence showing purpose of overseas residence)
- adoption finalised (in birth name). Please ensure you obtain a notarised copy of the original birth certificate of the child as usual practice in Singapore is for authorities to retain the original certificate and issue a new Singapore birth certificate (and only provide a copy of the original birth certificate)
- application for subclass 102 (Adoption) visa is to be submitted to the High Commission, Immigration Section
- documentary evidence of the adoption process to be submitted with application
- child must meet Australian health requirements (examination by accredited “panel doctor” - details of the doctors can be found on our main website).
Please Note: Medicals conducted in Singapore are normally only done after the visa application is lodge. However, for adoption cases we recommend that medicals may be conducted before the visa application is lodged. To organise this please contact the Australian High Commission to make arrangements before attending your selected Panel Doctor.
See: www.immi.gov.au/contacts/panel-doctors/index.htm
and the medical form 26
See: www.immi.gov.au/allforms/pdf/26.pdf
- child must be overseas at time of grant of the adoption visa.
A renewable 5-year visa (in the child's national passport) will permit residence in Australia and travel within the 5 year period. After the visa is granted it is possible for the adoptive parents to apply for Australian citizenship for the child.
- the High Commission cannot recommend any individual agencies
- for countries where there are high levels of fraud and trafficking in children, all documentation will be referred to the local Australian mission for verification against original records
- processing normally takes around 3 months (where cases must be referred to another country for checking, the local post processing times will apply, normally this will be 6-10 months)
IMPORTANT: If a visit to Australia is proposed once the adoption order is in place, but before the adoption permanent residence visa is finalised, a visitor visa may be applied for in certain circumstances. Please be aware that a visitor visa would normally only be considered in exceptional circumstances. It is expected that the adoption visa process must be finalised prior to the child travelling to Australia. If you do wish to apply for a visitor visa, please approach the High Commission to discuss the matter, or call the Principal Migration Officer (contact details below). it is strongly recommended that where a child may be eligibile for an Electronic Travel Authority, that this is not used to take the child to Australia, as the child may not be allowed to enter Australia.
What about changing your adopted child’s name?
If the child's name is changed by deed poll after the adoption is finalized, the new name may be used for citizenship, provided the new name is included in the citizenship application (no changes to the name recorded for Australian citizenship can be made following the finalisation of the citizenship application)
Application Forms and Checklist
For further information please refer to the Department's information booklet number 2, Child Migration. This booklet, which includes the forms and explanations of the visa requirements is available to be viewed/downloaded from our website for no charge or from our office for a fee (available during counter contact hours).
See: www.immi.gov.au/allforms/booklets/books2.htm
To obtain seperate copies of the forms:
See: www.immi.gov.au/allforms/pdf/40ch.pdf (sponsorship form); and
See: www.immi.gov.au/allforms/pdf/47ch.pdf (visa application form)
both forms must be completed.
For a checklist detailing the documents to be lodged with the application forms
See: Migration Checklist adopted child
Lodging your application
Applications can be submitted in person during normal office counter hours:
See: www.singapore.embassy.gov.au/sing/aboutus.html.
When you lodge the application you will receive a receipt for the fee and a letter of acknowledgment. The letter will contain contact and file reference numbers.
A Visa Application Charge (fee) is payable. This fee is non-refundable if your application is refused. You are therefore strongly encouraged to read the information papers in the Migration Package carefully to determine the likely success of your application.
Processing timeframes
The average time it takes to process 75% of applications in the Immigration Section, Singapore is listed below. Please note that these time frames are current as of April 2009.
Full Assessment
Subclass 102 Child/Adoption 3 - 6 months (applications for children adopted from high risk countries, eg. Cambodia are currently taking 6-10 months)
From countries where there is significant fraud and/or trafficking in children will be subject to the processing times of the post responsible in that country (as the papers are sent to the post for checking), hence the highly variable processing time.
Additional Information
If you have further questions, please call the Principal Migration Officer, Geoff Heath on +65 6836 4137.