Adoption and Whāngai
Adoption
Adoption is dealt with by the Adoption Act of 1955. In many ways, the Adoption Act has become outdated, as it reflects society as it was in 1955. For example, single males cannot adopt, parties generally need to be over the age of 25 to adopt, and a couple applying to adopt jointly must be married. A recent decision of the Human Rights Review Tribunal found that parts of the Adoption Act are discriminatory and are therefore inconsistent with the New Zealand Bill of Rights Act 1990.
Adoption results in the severing of legal ties between a biological parent and their child. It creates a “legal fiction” and results in a new birth certificate being issued, with the adoptive parents listed on the child’s birth certificate. Adoptive parents of a child can choose whether to specify on the birth certificate that they are the adoptive parent.
Common scenarios of when people may adopt include a mother and step-father adoption, or – where CYF have been involved – adoption is an alternative to Home for Life.
The alternative to an adoption is to obtain a Parenting Order and Additional Guardianship Order. However, these Orders mean that the biological parent can continue to make applications to the Family Court regarding care/contact and guardianship matters.
Legal Aid is available to cover adoption matters.
The adoption process can take some time. An application for adoption order, and supporting affidavits need to be drafted. The process is easiest if the biological parents consent to the adoption. It is usual practice for the biological parents to obtain independent legal advice before they sign the consent papers. The adoptive parent’s grant of Legal Aid will sometimes cover the cost of the independent advice. If the consent of the biological parents cannot be obtained, then an application needs to be made to the Court to dispense with consent.
Once the Application for Adoption Order has been filed, and consent given or dispensed with, a social work report will be directed. A social worker from the Child Youth and Family Adoption Team will be in contact with the client(s) wishing to adopt. The client needs to complete a thorough form, which includes referees and a medical. Once that form has been returned to the Social Worker, interviews will be arranged, and the Social Work report completed. In that report, the Social Worker indicates whether they are in favour of the adoption or not. The matter will generally then proceed to a hearing.
Before the Court can make an adoption order it must be satisfied that:
Whāngai (customary fostering and adoption)
Whāngai is a cultural practice. Legally, whāngai can be formalised by way of adoption, or alternatively with a parenting order or additional guardianship order. Adoption wouldn't be formalised by the time the baby left hospital, and it would be unlikely a court order would be made in the few days before the baby left hospital eiher, although a memorandum of consent could be filed within that time.
Adoption is dealt with by the Adoption Act of 1955. In many ways, the Adoption Act has become outdated, as it reflects society as it was in 1955. For example, single males cannot adopt, parties generally need to be over the age of 25 to adopt, and a couple applying to adopt jointly must be married. A recent decision of the Human Rights Review Tribunal found that parts of the Adoption Act are discriminatory and are therefore inconsistent with the New Zealand Bill of Rights Act 1990.
Adoption results in the severing of legal ties between a biological parent and their child. It creates a “legal fiction” and results in a new birth certificate being issued, with the adoptive parents listed on the child’s birth certificate. Adoptive parents of a child can choose whether to specify on the birth certificate that they are the adoptive parent.
Common scenarios of when people may adopt include a mother and step-father adoption, or – where CYF have been involved – adoption is an alternative to Home for Life.
The alternative to an adoption is to obtain a Parenting Order and Additional Guardianship Order. However, these Orders mean that the biological parent can continue to make applications to the Family Court regarding care/contact and guardianship matters.
Legal Aid is available to cover adoption matters.
The adoption process can take some time. An application for adoption order, and supporting affidavits need to be drafted. The process is easiest if the biological parents consent to the adoption. It is usual practice for the biological parents to obtain independent legal advice before they sign the consent papers. The adoptive parent’s grant of Legal Aid will sometimes cover the cost of the independent advice. If the consent of the biological parents cannot be obtained, then an application needs to be made to the Court to dispense with consent.
Once the Application for Adoption Order has been filed, and consent given or dispensed with, a social work report will be directed. A social worker from the Child Youth and Family Adoption Team will be in contact with the client(s) wishing to adopt. The client needs to complete a thorough form, which includes referees and a medical. Once that form has been returned to the Social Worker, interviews will be arranged, and the Social Work report completed. In that report, the Social Worker indicates whether they are in favour of the adoption or not. The matter will generally then proceed to a hearing.
Before the Court can make an adoption order it must be satisfied that:
- the person(s) applying for the order is a fit and proper person to care for the child and to bring up, maintain and educate the child;
- that the welfare and best interests of the child will be promoted by the adoption;
- that any condition
Whāngai (customary fostering and adoption)
Whāngai is a cultural practice. Legally, whāngai can be formalised by way of adoption, or alternatively with a parenting order or additional guardianship order. Adoption wouldn't be formalised by the time the baby left hospital, and it would be unlikely a court order would be made in the few days before the baby left hospital eiher, although a memorandum of consent could be filed within that time.