Adoption

Adoption is a lifechanging legal process that permanently transfers parental rights and
responsibilities to adoptive parents. Whether adopting a child within New Zealand or
from overseas, the process is governed by strict legal frameworks designed to protect
the wellbeing of the child and ensure that every adoption is ethical, informed, and in the
child’s best interests.

Stewart supports families throughout all stages of adoption—domestic and
intercountry—by providing clear advice and managing the legal steps involved in this
complex area of family law.

Domestic Adoption in New Zealand
Domestic (local) adoptions in Aotearoa New Zealand are primarily managed through
Oranga Tamariki – Ministry for Children, with all final decisions made by the Family
Court.

Family Court Adoption Orders
Anyone adopting a child in New Zealand must apply for an Adoption Order through the
Family Court. The Court will consider the suitability of the prospective adoptive parents,
the child’s welfare, consent issues, and other statutory factors.

The Court may also grant access to historical adoption records in special circumstances,
though this requires a specific Court Order.

Working With Oranga Tamariki
Before an adoption can progress:
• The Court will request Oranga Tamariki to complete a report on the suitability of
the prospective parents.
• Oranga Tamariki conducts home studies, interviews, background checks, and
provides adoption preparation education.

Intercountry Adoption
Intercountry adoption allows New Zealand families to adopt a child from another country.
This process involves New Zealand law, the laws of the child’s country of origin, and
international treaties—particularly the Hague Convention on Protection of Children and
Cooperation in Respect of Intercountry Adoption.

Multiple agencies work together in intercountry cases, including:
• Oranga Tamariki (OT)
• Department of Internal Affairs (DIA)
• Immigration New Zealand
• Ministry of Foreign Affairs and Trade (MFAT)

Process for Intercountry Adoption
The process typically includes:
1. Application and Assessment
Families must first contact Oranga Tamariki, which conducts a detailed suitability
assessment, including:
• Home study by trained social workers
• Verification of parental readiness, safety, and stability
• Medical, financial, and background checks
Home studies are then reviewed by the New Zealand Central Authority (NZCA), which
issues approval to adopt from a specific country.

2. Hague Convention Requirements
For Hagueconvention countries, both countries’ Central Authorities must confirm:
• The child is legally adoptable
• Intercountry adoption is in the child’s best interests
• All consents were freely given
• No improper financial gain is involved

3. Placement and Legal Finalisation
Accredited organisations such as ICANZ (InterCountry Adoption New Zealand) handle
preparation, matching, placement, and coordination with overseas authorities.
[icanz.org.nz]
Once a child is placed, the New Zealand Family Court may become involved in
recognising the adoption or issuing an Adoption Order in certain circumstances,
including when applicants or children are offshore and exceptional circumstances apply.

Recent Law Changes and Guidance
New Zealand has made temporary changes to the law regarding international adoption
(as of September 2025). Prospective parents are advised to consult the Ministry of
Justice’s targeted reforms information and seek specialist legal advice early in the
process. [justice.govt.nz]

The government also provides detailed fact sheets explaining intercountry adoption
requirements, responsibilities of Central Authorities, and compliance obligations under
the Hague Convention. [ot.govt.nz]

How Our Firm Supports You
Stewart can provide full legal support including:
• Advice on eligibility and adoption pathways (domestic or intercountry)
• Preparation of legal documents for the Family Court
• Guidance on Hague Convention compliance
• Support with Oranga Tamariki processes
• Specialist advice for cases involving overseas jurisdictions
• Assistance with recognition of overseas adoption orders
Adoption is both a legal and emotional journey. We ensure your process is clear,
supported, and fully compliant with New Zealand and international law.