Adoption
Who can adopt
Adoption by individuals or couples
Individuals
An individual can adopt someone on their own. If they want to adopt and have a partner, their partner has to agree. If a person applies to adopt alone and the application is successful, the person applying becomes the parent. Their partner won’t be a parent.
Couples
Adoption Act 1955, s 3; Cases: [2010] NZFLR 629 (HC) – [2015] NZFC 9404
Married couples can adopt a child together, whether the couple is heterosexual or same-sex.
De facto couples are also allowed to adopt together. In 2010, the High Court ruled that “two spouses” in the Adoption Act includes a heterosexual de facto couple in a stable and committed relationship.
In 2015, the Family Court decided that “two spouses” also included a same-sex de facto couple. Until there’s a ruling on this specific issue from the High Court, other Family Court Judges aren’t bound to follow this decision, but it’s still an important legal milestone for this area.
The law regarding adoption by a couple in a civil union is complex and it is recommended you get independent legal advice if you are in a civil union relationship and 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, s 2 “relative”, s 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, s 4(1)(a), (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 cases.
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.
