Adoption
Who can adopt?
Adoption by individuals or couples
Individuals
An individual can adopt a child on their own.
If you have a partner, but want to adopt a child by yourself, your partner must agree to this. If your partner agrees and your application is successful, you alone will become the child’s parent. Your partner will not become a parent.
Couples
Adoption Act 1955, s 3Case: [2010] NZFLR 629 (HC) Case: [2015] NZFC 9404
The Adoption Act allows two spouses to apply jointly to adopt a child. While, in the past, this had been interpreted to refer only to married couples, courts have more recently interpreted these provisions to also include both heterosexual and homosexual de facto couples.
If you’re in a civil union, the law about adoption is complex and it’s recommended you get independent legal advice if you want to adopt.
Adoption by family
The Adoption Act 1995 specifically covers adoption by:
- a natural (birth) parent alone
- a natural (birth) parent and a step-parent (the spouse of a natural parent) together
- a grandparent
- a brother or sister, or
- an uncle or aunt.
By a parent and step-parent together
Adoption Act 1955, ss 3(3), 4(1)(c)
A natural (birth) parent and their spouse (child’s step-parent) can adopt a child jointly. No age restrictions apply for this sort of adoption.
Adoption by other relatives
Adoption Act 1955, ss 2 “relative”, 4(1)(b), 4(2)
A child’s grandparent, brother, sister, uncle, or aunt can adopt the child. The relative must be at least 20 years old to adopt.
A male relative will not be able to adopt a female relative by himself alone unless there are special circumstances.
Adoption outside of the family
Adoption Act 1955, ss 4(1)(a), 4(2)
The person applying to adopt must be at least 25 years old and must be at least 20 years older than the child, except in special circumstances.
A sole male applicant won’t be able to adopt a female child unless the person applying is the child’s father or there are special circumstances.
