In this Act, unless the context otherwise requires,—
Adopted child means any person concerning whom an adoption order is in force
Adoptive parent means any person who adopts a child in accordance with an adoption order; and, in the case of an order made in favour of a husband and wife on their joint application, means both the husband and wife; but does not include a spouse who merely consents to an adoption
Adoption order means an adoption order made under this Act; and does not include an interim order
Adoption order: this definition was amended, as from 1 April 1963, by section 2(a) Adoption Amendment Act 1962 (1962 No 134) by omitting the words “or the Maori Land Court”.
Adoption order: this definition was amended, as from 24 September 1965, by section 5(2) Adoption Amendment Act 1965 (1965 No 32) by omitting the words “by a Magistrate's Court”.
Chief executive means the chief executive of the Department
Chief executive: this definition was inserted, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82).
Child means a person who is under the age of 20 years; and includes any person in respect of whom an interim order is in force, notwithstanding that the person has attained that age
Child: this definition was amended by section 6 Age of Majority Act 1970 (1970 No 137) by substituting the expression “20” for the word “twenty-one”.
Child Welfare Officer
[Repealed]
Child Welfare Officer: this definition was repealed, as from 1 April 1972, by section 23(1) Department of Social Welfare Act 1971 (1971 No 60). See SR 1972/37.
Commonwealth country means a country that is a member of the British Commonwealth of Nations; and includes every territory for whose international relations the Government of that country is responsible; and also includes the Republic of Ireland as if that country were a member of the British Commonwealth of Nations
Commonwealth representative means an Ambassador, High Commissioner, Minister, Chargé d'Affaires, Consular Officer, Trade Commissioner, or Tourist Commissioner of a Commonwealth country (including New Zealand); and includes any person lawfully acting for any such officer; and also includes any diplomatic secretary on the staff of any such Ambassador, High Commissioner, Minister, or Chargé d'Affaires
Court means a Family Court or a District Court of civil jurisdiction; and includes the High Court acting in its jurisdiction on appeal under this Act
Court: this definition was substituted, as from 1 April 1963, by section 2(c) Adoption Amendment Act 1962 (1962 No 134).
Court: this definition was substituted, as from 24 September 1965, by section 2(1) Adoption Amendment Act 1965 (1965 No 32).
Court: this definition was substituted, as from 1 October 1981, by section 17(1) Family Courts Act 1980 (1980 No 161).
Department means the department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989
Department: this definition was inserted, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82).
Director-General
[Repealed]
Director-General: this definition was substituted, as from 1 April 1972, for a definition of the term Superintendent of Child Welfare by section 23(2) Department of Social Welfare Act 1971 (1971 No 60). See SR 1972/37.
Director-General: this definition was substituted, as from 1 April 1990, by section 36(1)(a) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).
Director-General: this definition was repealed, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82).
Father
[Repealed]
Father: this definition was repealed, as from 1 January 1970, by section 12(2) Status of Children Act 1969 (1969 No 18).
Interim order means an interim order made under this Act
Maori means a person who is a Maori within the meaning of Te Ture Whenua Maori Act 1993
Maori: this definition was amended, as from 23 March 1995, by section 2(1) Adoption Amendment Act 1995 (1995 No 4) by substituting the words “Te Ture Whenua Maori Act 1993” for the words “The Maori Affairs Act 1953”. See section 3 of that Act as to the appointment of Community Officers under section 4 of the Maori Community Development Act 1962 not to be questioned on the grounds that the person was not validly appointed.
Publish, in relation to any advertisement, means—
(a)
Insert in any newspaper or other periodical publication printed and published in New Zealand; or
(b)
Bring to the notice of members of the public in New Zealand in any other manner whatsoever:
Registrar, in relation to any Court, means the Registrar of that Court and includes any Deputy Registrar
Registrar: this definition was amended, as from 24 September 1965, by section 2(2) Adoption Amendment Act 1965 (1965 No 32) by inserting the words “and includes any Deputy Registrar”.
Relative, in relation to any child, means a grandparent, brother, sister, uncle, or aunt, whether of the full blood, of the half blood, or by affinity
Relative: this definition was substituted, as from 1 January 1970, by section 12(2) Status of Children Act 1969 (1969 No 18).
Social Worker—
(a)
In relation to any application or proposed application by a Maori, whether jointly or singly, for an adoption order in respect of a Maori child, means—
(i)
Any Maori person employed as a Social Worker under Part 5 of the State Sector Act 1988 in the Department; or
(ii)
Any member of the Maori community nominated, after consultation with the Maori community, by the chief executive to carry out the duties of a Social Worker under this Act in respect of the adoption:
(b)
In relation to any other application or proposed application for an adoption order, means—
(i)
Any person employed as a Social Worker under Part 5 of the State Sector Act 1988 in the Department; or
(ii)
If the Court so directs, any member of the Maori community nominated, after consultation with the Maori community, by the chief executive to carry out the duties of a Social Worker under this Act in respect of the adoption:
Social Worker: this definition was substituted, as from 1 April 1972, for the definition Child Welfare Officer by section 23(1) Department of Social Welfare Act 1971 (1971 No 60). See SR 1972/37.
Social Worker: this definition was amended by section 8(1) Maori Purposes Act 1974 (1974 No 144) by substituting the words “Community Officer” for the words “Welfare Officer”.
Social Worker: this definition was amended, as from 1 April 1990, by section 36(1) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26) by substituting the words “employed as such under Part 5 of the State Sector Act 1988 in the Department of Social Welfare” for the words “under the Department of Social Welfare Act 1971”.
Social Worker: this definition was substituted, as from 23 March 1995, by section 2(2) Adoption Amendment Act 1995 (1995 No 4). See section 3 of that Act as to the appointment of Community Officers under section 4 of the Maori Community Development Act 1962 not to be questioned on the grounds that the person was not validly appointed.
Social Worker: this definition was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by omitting the words “of Social Welfare”, and by substituting the words “chief executive” for the words “Director-General”.
Superintendent of Child Welfare
[Repealed]
Superintendent of Child Welfare: this definition was repealed, as from 1 April 1972, by section 23(2) Department of Social Welfare Act 1971 (1971 No 60). See SR 1972/37.
Compare: 1908 No 86 s 15; 1939 No 39 s 34
Subject to the provisions of this Act, a Court may, upon an application made by any person whether domiciled in New Zealand or not, make an adoption order in respect of any child, whether domiciled in New Zealand or not.
(2)
An adoption order may be made on the application of 2 spouses jointly in respect of a child.
(3)
An adoption order may be made in respect of the adoption of a child by the mother or father of the child, either alone or jointly with his or her spouse.
Compare: 1908 No 86 ss 16, 17; Adoption Act 1950, s 1 (UK)
4-
Restrictions on making adoption orders
(1)
Except in special circumstances, an adoption order shall not be made in respect of a child unless the applicant or, in the case of a joint application, one of the applicants—
(a)
Has attained the age of 25 years and is at least 20 years older than the child; or
(b)
Has attained the age of 20 years and is a relative of the child; or
(c)
Is the mother or father of the child.
(2)
An adoption order shall not be made in respect of a child who is a female in favour of a sole applicant who is a male unless the Court is satisfied that the applicant is the father of the child or that there are special circumstances which justify the making of an adoption order.
(3)
Except as provided in subsection (2) of section 3 of this Act, an adoption order shall not be made providing for the adoption of a child by more than one person.
(4)
Any adoption order made in contravention of this section shall be valid, but may be discharged by the Court under section 20 of this Act.
(5)
Where any adoption order made in contravention of this section provides for the adoption of a child by more than one person, the High Court may, on the application of any such person made at any time while the adoption order remains in force, make such provision as appears just with respect to the role of providing day-to-day care for the child, and with respect to the maintenance and education of the child.
Compare: 1908 No 86 ss 16, 17, 19; Adoption Act 1950, s 2 (UK)
Subsection (1)(a) and (b) were amended by section 6 Age of Majority Act 1970 (1970 No 137) by substituting the expression “20” for the word “twenty-one”.
The words “High Court” in subsection (1) were substituted, as from 1 April 1980, for the words “Supreme Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
Subsection (5) was amended, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90) by substituting the words “role of providing day-to-day care for the child, and with respect to the maintenance and” for the words “custody, maintenance, and”.
5-
Interim orders to be made in first instance
Upon any application for an adoption order, if the Court considers that the application should be granted, it shall in the first instance make an interim order in favour of the applicant or applicants:
Provided that the Court may in any case make an adoption order without first making an interim order, if—
(a)
All the conditions of this Act governing the making of an interim order have been complied with; and
(b)
Special circumstances render it desirable that an adoption order should be made in the first instance.
6-
Restrictions on placing or keeping a child in a home for adoption
(1)
It shall not be lawful for any person to place or receive or keep any child under the age of 15 years in the home of any person for the purpose of adoption, unless—
(a)
Prior approval has been given by a Social Worker, and that approval is for the time being in force; or
(b)
An interim order in respect of the proposed adoption is for the time being in force.
(2)
Any approval granted by a Social Worker for the purposes of this section shall remain in force for one month after it is granted:
Provided that, where application to the Court for an adoption order is made before the expiration of one month from the date of the grant of the approval, the approval shall remain in force until the application is abandoned or dismissed or an order is made by the Court on the application.
(3)
An interim order may be made by the Court in respect of a child notwithstanding that a Social Worker has refused to grant an approval under this section.
(4)
This section shall not apply in any case where—
(a)
The child is in the home pursuant to any provision of the Children, Young Persons, and Their Families Act 1989 or to an order made pursuant to that Act; or
(b)
The child is in the home pursuant to an order made pursuant to the Care of Children Act 2004; or
(c)
The child is in the home of one of the child's parents and a step-parent of the child; or
(d)
The child is in the home of a relative of the child (not being a relative who, in the absence of special circumstances, is prohibited, by reason of age or sex, from adopting the child).
Subsections (1)(a), (2), and (3) were amended, as from 1 April 1972, by section 23(4)(b) Department of Social Welfare Act 1971 (1971 No 60), by substituting the words “a Social Worker” for the words “a Child Welfare Officer”. See SR 1972/37.
Subsection (4) was substituted, as from 1 November 1989, by section 450(1) Children, Young Persons, and Their Families Act 1989 (1989 No 24).
Subsection (4)(b) was amended, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90) by substituting the words “Care of Children Act 2004” for the words “Guardianship Act 1968”.
7-
Consents to adoptions
(1)
Before the Court makes any interim order, or makes any adoption order without first making an interim order, consents to the adoption by all persons (if any) whose consents are required in accordance with this section shall be filed in the Court.
(2)
The persons whose consents to any such order in respect of any child are required as aforesaid, unless they are dispensed with by the Court under section 8 of this Act, shall be—
(a)
The parents and guardians of the child as provided in subsections (3) to (5) of this section; and
(b)
The spouse of the applicant in any case where the application is made by either a husband or a wife alone.
(3)
The parents and guardians whose consents to any such order in respect of any child are required as aforesaid, unless they are dispensed with by the Court under section 8 of this Act, shall be,—
(a)
If the parents of the child were married to each other either at the time of the child's birth or at or after the time of his conception or if the father as well as the mother is or was a guardian of the child and there is no adoption order in force in respect of the child, the surviving parents or parent and (if the guardianship concerned has not been terminated, for example, by the child turning 18 years of age) the surviving guardians or guardian appointed by a deceased parent:
(b)
In any other case where there is no adoption order in force in respect of the child, the mother or (if she is dead, and the guardianship concerned has not been terminated, for example, by the child turning 18 years of age) the surviving guardians or guardian appointed by her:
Provided that the Court may in any such case require the consent of the father if in the opinion of the Court it is expedient to do so:
(c)
If there is an adoption order in force in respect of the child, the surviving adoptive parents or parent and (if the guardianship concerned has not been terminated, for example, by the child turning 18 years of age) the surviving guardians or guardian appointed by any deceased adoptive parent.
(4)
Subject to the prior consent of the chief executive, any parent who desires to have his or her child adopted may in writing appoint the chief executive as the guardian of the child until such time as the child is legally adopted, and may impose conditions with respect to the religious denomination and practice of the applicants or any applicant to adopt the child or as to the religious denomination in which the applicants or applicant intend to bring up the child; and the chief executive, when so appointed, may give such consent to the adoption of the child as is required from the person who appointed him as guardian of the child:
Provided that any such appointment by the mother of a child shall be void unless the child is at least 10 days old at the date of the appointment:
Provided also that nothing in this subsection shall relieve the parent from any liability for the maintenance of the child until the child is adopted.
(5)
In the case of a refugee child within the meaning of Part 1 of the Child Welfare Amendment Act 1948, a consent by the chief executive, or by any other person who has been granted the guardianship of the child under that Act, shall take the place of every other consent by a parent or guardian of the child.
(6)
The consent by any parent or guardian of a child to an adoption may be given (either unconditionally or subject to conditions with respect to the religious denomination and practice of the applicants or any applicant or as to the religious denomination in which the applicants or applicant intend to bring up the child) without the parent or guardian knowing the identity of the applicant for the order.
(7)
A document signifying consent by a mother of a child to an adoption shall not be admissible unless the child is at least 10 days old at the date of the execution of the document.
(8)
Except where it is given by the chief executive, a document signifying consent to an adoption shall not be admissible unless,—
(a)
If given in New Zealand, it is witnessed by a District Court Judge, a Registrar of the High Court or of a District Court, or a Solicitor, or a Judge or Commissioner or Registrar of the Maori Land Court:
(aa)
If given in the Cook Islands or Niue, it is witnessed by—
(i)
The New Zealand Representative; or
(ii)
A Judge, Registrar, or Deputy Registrar, of the High Court of the Cook Islands or the High Court of Niue (as the case requires); or
(iii)
A solicitor of the High Court of the Cook Islands or the High Court of Niue (as the case requires) or the High Court of New Zealand:
(b)
If given in any other country, it is witnessed by and sealed with the seal of office of a Notary Public or Commonwealth representative who exercises his office or functions in that country.
(9)
Except where it is given by the chief executive, the form of the document signifying consent to an adoption shall contain an explanation of the effect of an adoption order, and shall have endorsed thereon a certificate by the witness that he has personally explained the effect of an adoption order to the person who is giving the consent.
(10)
Every person who is an applicant for an adoption order shall be deemed to consent to the adoption, and it shall not be necessary for him or her to file a formal consent under this section.
Compare: 1908 No 86 s 18; 1947 No 60 s 26; 1948 No 48 s 10; Adoption Act 1950, s 3(3) (UK)
Subsection (3)(a) and (b) was substituted by section 12(2) Status of Children Act 1969 (1969 No 18).
Subsection (3)(a) was amended, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90) by inserting the words “(if the guardianship concerned has not been terminated, for example, by the child turning 18 years of age)” before the words “the surviving guardians”.
Subsection (3)(b) was amended, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90) by inserting the words “, and the guardianship concerned has not been terminated, for example, by the child turning 18 years of age” after the word “dead”.
Subsection (3)(c) was amended, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90) by inserting the words “(if the guardianship concerned has not been terminated, for example, by the child turning 18 years of age)” before the words “the surviving guardians”.
Subsections (4), (5), (8), and (9) were amended by section 23(4)(a) Department of Social Welfare Act 1971 (1971 No 60), as from 1 April 1972, by substituting the references to the “Director-General” for references to the “Superintendent of Child Welfare” and the “Superintendent”. See SR 1972/37.
Subsections (4), (5), (8), and (9) were amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting the words “chief executive” for the words “Director-General”.
The Child Welfare Amendment Act 1948 was repealed by section 109 Children and Young Persons Act 1974 (1974 No 72). There was no reference to such children in the 1974 Act.
Subsection (8)(aa) was inserted, as from 25 March 1987, by section 3 Adoption Amendment Act 1962 (1962 No 134).
Subsection (8)(aa) was substituted by section 2(1) Adoption Amendment Act 1987 (1987 No 19). The definition of the term Resident Commissioner in the Cook islands Act 1915 was repealed by section 2(1) Cook Islands Amendment Act 1966.
The words “High Court” were substituted for the words “Supreme Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124). The words “District Court” and “District Court Judge” were substituted for the words “Magistrate's Court” and “Magistrate” pursuant to section 18 District Courts Amendment Act 1979 (1979 No 125).
The Court may dispense with the consent of any parent or guardian to the adoption of a child in any of the following circumstances:
(a)
If the Court is satisfied that the parent or guardian has abandoned, neglected, persistently failed to maintain, or persistently ill-treated the child, or failed to exercise the normal duty and care of parenthood in respect of the child; and that reasonable notice of the application for an adoption order has been given to the parent or guardian where the parent or guardian can be found:
(b)
If the Court is satisfied that the parent or guardian is unfit, by reason of any physical or mental incapacity, to have the care and control of the child; that the unfitness is likely to continue indefinitely; and that reasonable notice of the application for an adoption order has been given to the parent or guardian:
(c)
If a licence has been granted in respect of the child under section 40 of the Adoption Act 1950 of the Parliament of the United Kingdom, or under the corresponding provisions of any former or subsequent Act of that Parliament, or under the corresponding provisions of any Act of the Parliament of any Commonwealth country.
(2)
The Court may dispense with the consent of any parent or guardian as aforesaid notwithstanding that the parent or guardian may have made suitable initial arrangements for the child by placing the child under the care of the authorities of a children's home, the chief executive, or some other person.
(3)
On application by any person having the care of a child, the Court may dispense with the consent of a parent or guardian of a child under this section before any application is made for an adoption order in respect of the child; and any order so made shall lapse after the expiration of 6 months from the date on which it is made for all purposes except an application made to the Court within that period for an adoption order in respect of the child.
(4)
The Court may dispense with the consent of the spouse of an applicant for an adoption order if it is satisfied that the spouses are living apart and that their separation is likely to be permanent.
(5)
In any case where a mentally disordered person is a parent or guardian of a child in respect of whom an application for an adoption order has been made, service of notice of the application on the manager or administrator of the estate of the parent or guardian, or on the person with whom the parent or guardian resides or under whose care he is, shall (unless the Court otherwise orders) be sufficient service thereof for the purposes of this section.
(5A)
In any case where a District Court has refused to make an order dispensing with the consent of any parent or guardian or spouse, the person or persons who sought the dispensation may, within one month after the date of the refusal, appeal to the High Court against the refusal; and the High Court may dispense with the consent if it thinks fit.
(6)
Any person whose consent is dispensed with under this section may, on notice to every applicant for an adoption order in respect of the child and within one month after the making of the order dispensing with consent, make application for the revocation of that order and of any consequential interim order to the High Court; and the Court to which the application is so made may in its discretion revoke any such order.
(7)
In any case where the Court has made an adoption order within one month after making the order dispensing with consent, any person whose consent is dispensed with under this section may, on notice to every adoptive parent and within one month after the making of the order dispensing with consent, make application for the revocation of that order and the discharge of the adoption order to the High Court; and the Court to which the application is so made may in its discretion discharge any such order. All the provisions of section 20 of this Act, so far as they are applicable and with the necessary modifications, shall apply in connection with any such discharge of an adoption order.
(8)
In any case where the High Court revokes any interim order or discharges any adoption order in accordance with this section, that Court may include in its order an order for the refund by some person specified in the order of money spent by any adopter or proposed adopter for the child's benefit. Any such order for the refund of money shall be enforceable as a judgment of the Court which made the order in favour of the person to whom the money has to be repaid.
Compare: 1908 No 86 s 23; 1941 No 26 s 36; 1951 No 81 s 15; Adoption Act 1950, s 3 (UK).
Subsection (2) was amended by section 23(4)(a) Department of Social Welfare Act 1971 (1971 No 60), (as from 1 April 1972) by substituting the words “the Director-General” for the words “the Superintendent of Child Welfare”. See SR 1972/37.
Subsection (2) was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting the words “chief executive” for the words “Director-General”.
Subsection (5) was amended, as from 1 April 1970, by section 129(4) Mental Health Act 1969 (1969 No 16) by substituting the reference to a “mentally disordered person” for a reference to a “mentally defective person”.
Subsection (5) was amended, as from 1 April 1970, by section 129(7) Mental Health Act 1969 (1969 No 16) by substituting the reference to a “manager” for a reference to a “committee”.
Subsection (5A) was inserted, as from 24 September 1965, by section 3 Adoption Amendment Act 1965 (1965 No 32).
Subsection (6) was amended, as from 1 April 1963, by section 4(1) Adoption Amendment Act 1962 (1962 No 134) by omitting the words “if the order or orders were made by a Magistrate's Court, or to the Maori Appellate Court if the orders were made by the Maori Land Court”.
Subsection (7) was amended, as from 1 April 1963, by section 4(2) Adoption Amendment Act 1962 (1962 No 134) by omitting the words “if the order or orders were made by a Magistrate's Court, or to the Maori Appellate Court if the order or orders were made by the Maori Land Court”.
Subsection (8) was amended, as from 1 April 1963, by section 4(3) Adoption Amendment Act 1962 (1962 No 134) by omitting the words “or the Maori Appellate Court”.
The words “High Court” were substituted, as from 1 April 1980, for the words “Supreme Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124). The words “District Court” were substituted for the words “Magistrate's Court” pursuant to section 18 District Courts Amendment Act 1979 (1979 No 125).
