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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 43701
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Madam, My nephew through marriage is Tongan, At present she

Customer Question

Dear Sir/Madam,
My nephew through marriage is Tongan, At present she is in Australia on Working Visa and is due to go home when Visa Finishes in 2 to 3 Weeks, But being due to give birth very soon (next 1 to 2 weeks ) The Maternity Ward Hospital Doctor will not allow her to fly, I Have 4 Questions to Ask ,I have emailed Births Deaths and Marriages on same Questions .
Question 1 Being born in Australia will the child be Australian Citizen.
Question 2 When the mother takes Child back to Tonga ,has any legal paperwork need to be done , And whilst child in Tonga will it still hold Australian Citizenship.
Question 3 Are we as Australian Citizens allowed to Adopt this child as per Mothers Request .
Question 4 What would be the Criteria be for Us to be able to Adopt this child .
Thank-you Allan . B . Pioch
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

If the child is born when the visa has expired they will deny the child Australian Citizenship. If her visa is valid then the child will be an australian citizen and will have to take it on himself by the time he is 18.

You cannot adopt privately.

Here is a link about adoption and the department can assist you with the process.

http://www.community.nsw.gov.au/docs_menu/parents_carers_and_families/fostering_and_adoption/adoption.html

Is the father of the child Australian?