Adopting a child from India

Information about how Australian citizens and permanent residents living in the Northern Territory or Queensland may be able to adopt a child from India.

About adoption from India

India follows the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption(Opens in a new tab/window). Australia has partnered with India to make sure intercountry adoption only happens when it is best for the child.  

The Central Authority in India for intercountry adoption is the Central Adoption Resource Authority(Opens in a new tab/window).

Before a child can be adopted by someone overseas, India must first try to find a home for the child within India. If this is not possible, the child may be considered for adoption by someone in another country.

Only a small number of adoptions from India are completed each year.

Eligibility to adopt

Australian citizens and permanent residents who live in Queensland or the Northern Territory may be eligible to adopt from India.

You must meet the requirements of the Queensland or Northern Territory Central Authorities. They are listed in the intercountry adoption contacts.

You must also meet India’s requirements.

Marriage

  • If you are married, you must have been married for at least two years.
  • India does not accept applications from de facto or same sex couples.
  • India does accept applications from single people. 

Age and gender

The following applies to both you and your partner (or you, if single):

  • The age gap between you and your child should be no more than 25 years.
  • You must be no older than 45 to adopt a child up to 4 years of age.
  • You must be no older than 50 to adopt a child aged between 4 and 8 years
  • You must be no older than 55 to adopt a child aged between 8 and 18 years.
  • If you’re a single female, you can adopt a child of any gender.
  • If you’re a single male, you can only adopt a male child.

Health

  • You need to be physically, mentally and emotionally stable.
  • You can’t suffer from any chronic, contagious or fatal disease or any mental or physical condition that will prevent you from caring for a child.

Citizenship

  • You or your partner must be an Australian citizen.
  • India gives preference to Indian citizens and the following:
    • non-resident Indians
    • overseas citizens of India (a foreign citizen of Indian origin who holds an overseas citizen of India card).

Number of children in your family

If you already have 3 or more children you will only be considered for children with special needs, or if adopting as a relative or step-parent.

Criminal record

You need to supply your criminal record check.

Children in need of intercountry adoption

Children needing intercountry adoption are:

  • between 2 and 5 years old
  • 5 years or older
  • sibling groups
  • children with special needs.

India defines special needs as:

  • mentally ill
  • physically challenged
  • children with a condition that has long-term effects and can’t be corrected.

Children with mild or correctable medical conditions or mild to moderate developmental delays (emotional, physical or social) aren’t considered special needs.

Only 1 child can be adopted at a time, unless part of a sibling group.

Waiting times

Waiting times are difficult to estimate because of processing requirements. Your application is valid for 2 years from the date it is accepted in India. After that, you will need to update your application to keep it current.

Cost of adopting

Australian state and territory adoption application and processing fees vary.

India’s estimated fee is US$5,000. Donations are not allowed.

Other costs

You may also need to pay for translation services, travel, visas and accommodation, and daily living expenses.

Travel

Travel times vary depending on where the child is located, how long the exit permit takes and whether a judge needs to be at the court hearing.

Immigration and citizenship

Before bringing your child to Australia, you must ensure they have the right Australian immigration status. There are 2 possible options:

  • Australian citizen before travel 
  • Adoption visa (subclass 102).

Australian citizenship before travel

After you get the adoption certificate your child is eligible to apply for Australian citizenship. You can then apply for an Australian passport so the child can travel to Australia with you.

Adoption visa 

Your child could also travel to Australia on adoption visa subclass 102(Opens in a new tab/window).

Reporting obligations

You will need to complete post-placement reports for 2 years as follows:

  • quarterly reports for the first year after the child’s arrival in Australia
  • half-yearly reports during the second year of the child’s arrival in Australia

These reports are important to ensure your child is settling into your family and their new social environment.

You may also need to complete post-placement reports for the Queensland or Northern Territory Central Authorities.

More information

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