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Thinking Adoption Visa? Think Again: Guardianship of Children

Visa subclass: 102 Adoption

For expatriate adoptions overseas where the parent/s lived overseas for 12 months prior to lodging the Adoption visa (permanent) application. Applicants should be aware that many overseas adoptions are not recognised under Australian law, even if the visa is granted.

Where a child who has been adopted overseas enters Australia on an Adoption visa, and the adoption is not recognised under Australian law, the Immigration Minister will be the guardian of the child under the provisions of the Immigration (Guardianship of Children) Act 1946, known as the IGOC Act.

The Minister delegates these guardianship powers to persons in State and Territory adoption authorities that have responsibility for adoptions.

The Minister’s delegate will remain the guardian of the child until the provisions of the IGOC Act cease to apply. Generally, this will be when an applicants child becomes an Australian citizen or turns 18 years of age.

As a matter of general practice, the Department of Immigration informs State and Territory adoption authorities when children who are granted adoption visas are likely to enter Australia under the IGOCAct.

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