How do children adopted outside Australia become Australian citizens?

The way in which a child who is adopted outside Australia becomes an Australian citizen depends on how their adoption is/was finalised.  There are 3 different ways in which this can occur.

1. Adoptions finalised outside Australia - under full Hague Convention arrangements under section 19C of the Australian Citizenship Act 2007. 

The key requirements of section 19C are that:

• at least one adoptive parent is an Australian citizen;
• an adoption compliance certificate has been issued by the child's country of origin in accordance with the Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption (Hague Convention); and
• the adoption is recognised in Australia under the law/s of the Commonwealth and each State and Territory.

2. Adoptions finalised in Australia - under bilateral and simple Hague Convention arrangements.

Some of Australia's intercountry programs require the adoption to be completed after the child returns to Australia.  Where the final adoption order has been made in a State or Territory court after the child arrives in Australia as a permanent resident, and at least one of the adoptive parents is an Australian citizen, the child will automatically acquire Australian citizenship under section 13 of the Australian Citizenship Act 2007 (at the time the adoption order is made).

3. Adoptions finalised outside Australia - under other arrangements such as expatriate adoptions.

Where the adoption has been finalised outside Australia under other arrangements, and the adoption does not need to be finalised in Australia, children may be eligible, under subsection 21(5) of the Australian Citizenship Act 2007.  The child must have at least one adoptive parent who is an Australian citizen, must hold a permanent visa for entry into Australia (eg Adoption (subclass 102) visa) and have entered Australia on that visa.