Intercountry adoption applications to the Family Court

We should interview the adoptive applicants to understand all the circumstances of the intercountry adoption proposal.

If there are language difficulties, use an interpreter to explain the purpose and procedures of the assessment and report.

In the interview we should:

• explore the circumstances of the adoption proposal, including the:
  • background of the adoption application
  • purpose of the application — why the applicants want an adoption and how the proposal came about
  • names, dates of birth, addresses, citizenship and New Zealand immigration status of all the parties
  • the implications for te tamaiti or rangatahi, considering potential gains and losses
• use cultural advisors to understand the cultural and social context of the adoption proposal
• review all the information provided to the court by the applicants, including:
  • birth certificates
  • death certificates
  • baptismal certificates (often used as legal identity documents from some countries)
  • consent documents from the birthparents
  • evidence of ordinary residence of te tamaiti or rangatahi and adoptive parents (for example, employment, place of residence documentation)
• consider what document verification steps are warranted
• where an application is on the basis of familial link, consider whether DNA tests should be sought as part of confirming the identity of the parties concerned
• help the applicants to understand:
  • our role and responsibilities in the adoption process
  • the adoption assessment process and procedures — we help them complete the application for assessment and other forms
  • an adoption must always be in the best interest of te tamaiti or rangatahi
• inform the applicants that Oranga Tamariki:
  • may get additional independent information from other government departments (for example, Immigration New Zealand, Department of Internal Affairs) with the applicants' consent
  • may request independent information from the country of residence of te tamaiti or rangatahi about the circumstances of te tamaiti or rangatahi, their birth whānau or family and why an intercountry adoption is required.

As this may be a lengthy process and neither Oranga Tamariki nor the court have control over the provision of this information, we should discuss the impact of a lengthy timeframe on te tamaiti or rangatahi.

If te tamaiti or rangatahi:

• is in their country of residence and needs immediate care and protection, advise the applicants to notify the appropriate authorities in the country
• is in New Zealand on a temporary visa, the applicants should make sure this will stay current while the adoption process is underway
• does not have a valid visa in New Zealand, contact the Intercountry Adoption Team for advice.

If te tamaiti or rangatahi is living in New Zealand, discuss their circumstances including access to education and health services while in New Zealand. If there are issues with access to education or health services in New Zealand contact the Intercountry Adoption Team for advice.

When the adoptive applicants are living overseas, we need to get advice from the Intercountry Adoption Team about the process and steps to be taken in the particular adoption application, and then we should advise the court that:

• Oranga Tamariki is unable to assess the adoptive applicants in the usual way when they are resident overseas, and
• an extension of time may be required to have the applicants' assessment completed in their country of residence.

Our assessment of the adoptive applicants includes:

• assessing information from the applicants' suitability checks — police, medical information, residential history and immigration status, references and CYRAS checks
• making a request to a relevant assessment service provider in the applicants' country of residence to complete the applicants' assessment for our report to the New Zealand Family Court.

Assessing information from suitability checks

Adoptive applicants' assessment report from their country of residence

The intercountry adoptive applicants' assessment report helps to determine if applicants who live overseas are eligible and suitable to adopt a tamaiti or rangatahi.

In consultation with our supervisor, we complete a request to the applicants' country of residence to commission the adoptive applicants' assessment report and forward it to the Intercountry Adoption Team for review and consideration.

Our request for the adoptive applicants' assessment report should include:

• an outline of the adoption proposal based on all information applicants have provided to the court
• any potential issues or concerns that have come been identified through our assessment of information from the applicants' suitability checks and from the affidavits provided to the Family Court as a part of the adoption application
• any exceptional circumstances that have been determined by the court
• requests to:
  • complete and provide care and protection history checks from the relevant child protection agency in the applicants' country (the equivalent of a CYRAS suitability check); consider and discuss any reports of concern or matters relating to either the applicant or the applicant’s whānau or family
  • explore with the applicants any potential issues related to the applicants’ suitability checks (police reports, medical reports and references)
  • evaluate the applicants’ home environment and support networks in the community
  • assess the applicants’ ability, skills, resources, financial means and resilience to meet any emotional, psychological, cultural or religious needs te tamaiti or rangatahi may have. (This includes the applicants’ understanding of the needs of the adopted tamaiti or rangatahi, their ability to deal with trauma and loss that te tamaiti or rangatahi may have experienced, and their heritage, cultural and religious needs)
  • comment on the applicants’ interactions with te tamaiti or rangatahi and the relationship between te tamaiti or rangatahi and the applicants — emphasise that assessing the attachment and bonding te tamaiti or rangatahi has with the applicants is critical to deciding whether an adoption order will promote the welfare of te tamaiti
  • comment on the applicants’ interactions and relationship with the biological parents and current caregivers of te tamaiti or rangatahi
  • comment on any relevant cultural customs, practices and traditions which may be drivers for the intercountry adoption
  • any questions about the exceptional circumstances that have been considered by the court

Once the report request is finalised, the Intercountry Adoption Team send it to the relevant child welfare authority in the applicants' country of residence to complete the adoptive applicants' assessment report.

We advise the applicants that the adoptive applicants' assessment and report may take some time to complete in another country and they might have to pay a fee for the adoption assessment service. Costs associated with intercountry requests for adoptive applicants' assessments are dealt with on a case-by-case basis.

If te tamaiti or rangatahi and/or the birth whānau or family are living overseas a Child Study report from their country may be required.

With the help of our supervisor and using information from the adoptive applicants’ interview, we put together the request for a Child Study report. The Intercountry Adoption Team add a covering letter and send the request to the relevant overseas authority to provide the report. If there is no statutory authority in that country, the Intercountry Adoption Team will explore other options available in the country, for example an approved and accredited non-government organisation. The International Social Service (ISS) may also be able to assist with providing Child Study reports in countries where there is no statutory authority or approved NGO.

If it is not possible to obtain a Child Study report from the country of origin of te tamaiti or rangatahi, other options may be considered on a case-by-case basis, such as videoconference interviews with the overseas-based tamariki or rangatahi and their parents and caregivers, DNA testing to confirm a familial link to the adoptive applicants, or other possibilities to obtain information.