The legal framework
The Adoption Act 1955 remains in force, almost unchanged, more than seventy years after it was passed. It predates the Human Rights Act, the Care of Children Act 2004 and civil unions, and the courts have had to read it consistently with modern law: in 2010 the High Court held that de facto couples can adopt jointly. Oranga Tamariki assesses applicants and the Family Court makes the order, which is full and irrevocable.
Whāngai is the heart of the New Zealand debate. In tikanga Māori, a child may be raised by grandparents or another relative in an arrangement that is open, known to everyone and permanent. It is not a secret and it does not erase the child's whakapapa. The 1955 Act cannot accommodate it: a whāngai child has no legal relationship with the people raising them unless the family goes through a Pākehā-style adoption that severs the original parentage, which is precisely what whāngai is not.
Closed adoption was the New Zealand norm for decades, with sealed records and amended birth certificates. The Adult Adoption Information Act 1985 opened access for adopted adults, and the volume of applications in its first years showed how much demand had been suppressed.
Domestic adoption of a newborn is now rare: birth parents who place a child usually choose the adoptive family themselves and expect ongoing contact, even though the Act makes no provision for enforcing it.
Same-sex couples: joint adoption became available to married same-sex couples with marriage equality in 2013; the Adoption Act 1955 has not otherwise been modernised, and unmarried couples remain in an awkward position.
Key points
| Statute | Adoption Act 1955; Adult Adoption Information Act 1985 |
|---|---|
| Court | Family Court makes the adoption order |
| Agency | Oranga Tamariki, Ministry for Children, carries out assessments |
| Numbers | Around 100 to 150 adoptions a year, mostly step-parent |
| Whāngai | Māori customary placement; socially central, legally without effect |
| Hague Convention | Party since 1999 |
In practice
- Contact Oranga Tamariki for an information session and to register interest.
- Complete the education programme and the social work assessment.
- Be approved and placed on the list; for intercountry adoption, be allocated to an approved country programme.
- After placement, file an application in the Family Court.
- Obtain the adoption order and the new birth certificate from Births, Deaths and Marriages.
Cost and coverage
Domestic adoption costs little beyond court filing fees. Intercountry adoption costs NZD 20,000 to 40,000. Paid parental leave is available to adoptive parents of a child under six on the same terms as birth parents.
Recent changes
A wide public consultation on replacing the 1955 Act concluded that the law is outdated on almost every point — consent, openness, discrimination, recognition of whāngai — but no replacement statute has yet been passed.
Where to go
- Oranga Tamariki, Ministry for Children, adoption services
- Family Court of New Zealand
- Intercountry Adoption New Zealand
- Adoption Option and other support organisations
- Births, Deaths and Marriages for records and original birth certificates
Worth knowing
The 1955 Act has been repeatedly found inconsistent with modern rights standards; reform has been promised for years without being enacted.
Frequently asked questions
Is the Adoption Act 1955 still in force?
Yes. Despite repeated findings that it is inconsistent with modern rights law, it has not been replaced.
Does whāngai create legal parentage?
No. It is socially and culturally recognised but has no effect in New Zealand law, which is one of the strongest arguments for reform.
Can de facto couples adopt?
Yes. The High Court held in 2010 that the Act must be read to allow de facto couples, including same-sex couples, to adopt jointly.
Can adopted adults access their records?
Yes, under the Adult Adoption Information Act 1985, subject to vetoes that can be placed by birth parents in limited circumstances.
Official sources and links
- govt.nz — official government information
- New Zealand Legislation — acts and regulations