International adoption has always been a sensitive and complex process. Families looking to welcome a child from overseas must navigate not only emotional challenges but also legal, cultural, and immigration hurdles. In New Zealand, this process has recently undergone a significant shake-up.
The New Zealand Government has introduced interim measures suspending the recognition of certain international adoptions for immigration and citizenship purposes. This move is part of a broader effort to protect children from harm while strengthening outdated adoption laws.
If you are a New Zealand citizen or resident planning—or already in the process of—adopting a child from overseas, these changes could directly affect you. Below, we’ll break down what the new rules mean, why they were introduced, and what options remain available for families.
Why Has New Zealand Suspended International Adoption Recognition?
The heart of this reform is child protection. While many international adoptions provide loving homes for children, there have also been troubling cases. Some adopted children were placed in unsafe family environments, leading to instances of neglect, exploitation, or abuse.
New Zealand’s Adoption Act 1955—which has governed adoption for nearly 70 years—has been criticized for lacking adequate safeguards in international cases. With global adoption practices changing over the decades, the Government felt that urgent action was needed to close loopholes that could put children at risk.
By introducing the Adoption Amendment Bill, the Government is taking temporary but immediate steps to halt unsafe adoption pathways while working on a more permanent solution.
Key Changes Introduced by the Adoption Amendment Bill
The interim measures take effect immediately after the Bill gains Royal Assent. Here are the most important updates:
1. Overseas adoptions no longer automatically recognized
- International adoptions will not be recognized under New Zealand law for immigration or citizenship purposes unless the adoption took place in an exempt country.
- Exempt countries are those with strong safeguards and reliable systems to ensure ethical adoption practices. A full list will be published and updated as needed by the Minister of Justice.
2. Children from non-exempt countries become ineligible
- If a New Zealand citizen or resident adopts a child from a non-exempt country, that child will not be eligible for residence or visitor visas based on the parent-child relationship.
- This applies regardless of whether the adoption was legally valid in the child’s home country.
3. Pathways remain for non-residents and non-citizens
- Families where the adoptive parents are not New Zealand citizens or residents can still include adopted children in their visa applications.
- For example, a migrant family applying for residence together can include an adopted child in their application, even if the adoption was from a non-exempt country.
4. Family Court restrictions
- The Family Court will face new limits on its jurisdiction to grant adoption orders when either the adoptive parent or the child is overseas.
- However, judges will retain discretion in exceptional circumstances, ensuring that unique family situations can still be considered on a case-by-case basis.
5. Surrogacy arrangements remain unaffected
- Adoption orders linked to international surrogacy arrangements will still be recognized. This ensures continuity for families pursuing legal surrogacy pathways abroad.
What Happens to Existing Applications?
If you’ve already submitted a visa application for an adopted child, you might be wondering if your case is at risk. The good news is:
- Existing visa applications will continue to be processed. This includes cases involving children from non-exempt or non-Hague Convention countries.
- The changes are not retrospective. If your adoption has already been finalized and you’ve registered your child’s citizenship, this remains valid.
However, new applications filed after the law takes effect will face the stricter rules.
How Does This Affect Visa and Citizenship Applications?
New Visa Applications
Adopted children will likely be declined for visas if:
- The application is based on a parent-child relationship with a New Zealand citizen or resident, and
- The adoption took place in a non-exempt country that is not part of the Hague Adoption Convention.
Citizenship Applications
The suspension of section 17 of the Adoption Act 1955 means overseas adoptions will no longer automatically grant a pathway to citizenship for adopted children, except where exemptions apply.
The Role of the Hague Adoption Convention
It’s important to note that the law change will not impact adoptions under the Hague Convention on Intercountry Adoption.
The Hague Convention is an international treaty designed to protect children and families from illegal or unsafe adoption practices. Since it includes rigorous safeguards, New Zealand will continue to recognize adoptions that occur under this framework.
The Timeline of Changes
- The suspension takes effect as soon as the Adoption Amendment Bill receives Royal Assent.
- It will remain in place until July 2027, unless a long-term solution is legislated earlier.
- During this period, the Government will undertake a targeted review of adoption laws, inviting public submissions and expert input.
Why Exempt Countries Matter
One of the most notable parts of the Bill is the list of exempt countries. These are nations where New Zealand has verified that adoption practices meet international safety and ethical standards.
The Minister of Justice will have the power to update the list as global circumstances change. This flexibility ensures that if a country strengthens or weakens its adoption system, New Zealand can respond accordingly.
For families, this means it’s crucial to check whether the country you’re adopting from is on the exempt list before beginning the process.
What Options Remain for Families?
For New Zealand citizens and residents, these new rules create significant restrictions. However, there are still pathways available:
- Adopting from an exempt or Hague Convention country: These adoptions remain recognized and eligible for immigration or citizenship benefits.
- Family reunification through migrant visas: Non-residents and non-citizens can include adopted children in their family visa applications.
- Discretionary exemptions: Ministers of Immigration and Internal Affairs retain the power to grant exemptions in unique family situations.
Long-Term Plans: What’s Next?
The suspension is not a permanent solution. Associate Minister of Justice Hon Nicole McKee has confirmed her intention to introduce a comprehensive reform bill during this parliamentary term.
This future bill will be:
- Referred to a select committee, allowing for public input and submissions.
- Designed to create a modern, child-focused adoption system that balances family aspirations with child protection safeguards.
The interim suspension will give lawmakers the breathing room to craft thoughtful, long-lasting reforms without leaving children vulnerable in the meantime.
Why This Matters for Families and Children
For families, the sudden changes can be disheartening—especially for those mid-process. Adopting a child is often the result of years of planning, emotional preparation, and financial commitment.
However, the Government stresses that the intent behind these reforms is not to punish families but to safeguard children. Every child deserves a safe, loving home, and ensuring that adoption pathways are ethical and transparent is essential.
By pausing unsafe adoption channels, New Zealand is aligning its laws with international best practices, ensuring that adoption is truly in the best interests of the child.
Practical Advice for Prospective Adoptive Parents
If you’re considering or already involved in an overseas adoption, here are some steps to take:
- Seek expert legal advice: Adoption and immigration law is complex. A family lawyer specializing in international cases can help you navigate the new rules.
- Check exempt country lists regularly: The list may change, so staying informed is crucial.
- Consider Hague Convention countries first: These provide the most reliable and recognized pathways.
- Stay updated through official sources: Immigration New Zealand and the Ministry of Justice will release ongoing guidance as reforms progress.
- Plan for delays: With stricter rules and more scrutiny, expect longer processing times and more documentation requirements.
Final Thoughts
New Zealand’s decision to suspend the recognition of most international adoptions is a major shift in adoption and immigration law. While it creates new challenges for families, it also underscores the Government’s commitment to protecting vulnerable children from unsafe practices.
For now, families must adapt by focusing on adoptions through exempt or Hague Convention countries, staying informed on policy updates, and seeking professional advice when needed.
In the long run, these reforms may lead to a safer, more transparent adoption framework—one that balances the hopes of adoptive families with the rights and protection of children.
