Policy
Adoption – Responding to relative intercountry adoption proposals
Use this policy when whānau or family members want to adopt a tamaiti or rangatahi who is related to them from another country.Updates to this policy
This policy has been updated to emphasise the need to consult with the Intercountry Adoption team, and the following section has been updated:
When this policy applies
This policy applies when whānau or family members want to adopt a tamaiti or rangatahi who is related to them from another country.
Use this policy to:
- respond to enquiries from whānau or family members wanting to adopt a tamaiti or rangatahi who is related to them from another country
- help with gathering and analysing relevant information about the proposed relative intercountry adoption when the country of te tamaiti or rangatahi is a signatory to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (the Hague Convention).
Our role in responding to relative intercountry adoption proposals depends on whether or not the country of origin of te tamaiti or rangatahi is a signatory to the Hague Convention.
New Zealand Central Authority and accredited adoption agencies under the Hague Convention
Consult with the Intercountry Adoption team
Consult with the Intercountry Adoption team for advice on relative adoption enquiries or proposals.
An Intercountry Adoption team advisor can confirm the citizenship and immigration status of the parties involved, with their consent.
When the country of te tamaiti or rangatahi is a signatory to the Hague Convention
The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (the Hague Convention) applies up to the age of 18 years.
The requirements are the same for relative tamariki and rangatahi and for non-relatives.
When a whānau or family member wants to adopt a relative tamaiti or rangatahi from another contracting state to the Hague Convention, they must be told that:
- the Hague Convention applies in the same way to tamariki or rangatahi who are related to the adoptive applicants as it does to non-related tamariki and rangatahi, and the same requirements and procedures are necessary to make a final decision
- intercountry adoption can only take place when both Central Authorities (New Zealand and the state of origin of te tamaiti or rangatahi) agree that the proposed intercountry adoption may go ahead
- under the Hague Convention, countries must take measures to ensure that an intercountry adoption is in the best interests of te tamaiti or rangatahi.
The Hague Convention requires that:
- the country where the prospective adoptive parents habitually reside establishes their eligibility and suitability to adopt – it provides a home study report to the country of origin of te tamaiti or rangatahi
- the country of origin of te tamaiti establishes the adoptability of te tamaiti or rangatahi, their circumstances and their birth whānau or family – it provides a Child Study report to the country of the prospective adoptive parents.
Intercountry adoption Home Study report
Intercountry request for Child Study report
Hague Convention – status table
The country of origin of te tamaiti or rangatahi should establish that alternative suitable care options in their country have been explored before an intercountry adoption (the principle of subsidiarity).
If the country of origin isn't a signatory to the Hague Convention or the rangatahi from the Hague Convention country is aged 18 to 20 years
The Adoption Act 1955 limits the jurisdiction of the New Zealand Family Court to make adoption orders in respect of adoptive applicants and tamariki or rangatahi who are ordinarily resident in New Zealand, unless there are exceptional circumstances.
This means that the Family Court is not able to consider adoption applications that involve applicants or tamariki or rangatahi who are ordinarily resident in another country. The Family Court can only consider such applications after deciding that exceptional circumstances exist. Any prospective adoptive applicants should be advised to seek independent legal advice. It is not the role of Oranga Tamariki to provide advice to enquirers on the question of exceptional circumstances.
Where an adoptive applicant and/or tamaiti or rangatahi is located offshore, and the court has determined there are exceptional circumstances, the court will request a social work report on the application.
The court may also request a social work report to assist them to determine whether exceptional circumstances exist and/or the applicants and tamaiti are ordinarily resident in New Zealand.
When we receive a request from the Family Court for a social work report on an adoption application that has an intercountry component, our responsibilities are set out in the following guidance:
Intercountry adoption applications to the Family Court
The prospective adoptive parents must be told that New Zealand makes every effort to maintain the standards, principles and safeguards set by the Convention in all intercountry adoptions, whether or not the country of origin of te tamaiti or rangatahi is a party to the Hague Convention.
Hague Convention – status table | HCCH website
Where a direct application to the New Zealand Family Court is made for adoption of te tamaiti or rangatahi who is a citizen of another country, Oranga Tamariki must, wherever possible, request a Child Study report (about te tamaiti or rangatahi and the biological parents) from the country of origin of te tamaiti or rangatahi.
Child Study timeframes
You must ensure that the whānau or family is aware of the potentially long timeframes for getting a child study report from overseas and ask them to consider the impact of this on te tamaiti and themselves.
Placement of te tamaiti before adoption
The social worker must inform the whānau or family that they need to carefully consider the attachments of te tamaiti before they make any arrangements to place te tamaiti in a temporary situation either in the country of origin or in New Zealand, on the assumption that an adoption will occur.
Often these steps have already been taken before an enquiry about an intercountry adoption is received.
It's the responsibility of the whānau or family of te tamaiti who have made arrangements to ensure that the emotional, health and education needs of te tamaiti are met while the intercountry adoption application is in process.
The social worker must explain to the whānau or family that the life of te tamaiti shouldn't be unnecessarily displaced or put on hold because of a potential intercountry adoption.
If te tamaiti is in immediate need of care and protection
An adoption application isn't an appropriate process to address insecurity of care if te tamaiti appears in immediate need of care or protection.
If there are identified concerns for the safety and wellbeing of te tamaiti in their current care, the whānau or family should inform the appropriate child welfare authorities in the country of residence of te tamaiti about the situation.
If there are no designated child protection services in the home country of te tamaiti, the whānau or family should seek an alternative intermediate solution to ensure security of care for this tamaiti.
Our response to relative adoption enquiries
We:
- provide education on the nature and purpose of adoption
- explain that the purpose of intercountry adoption is to provide a permanent family to a tamaiti for whom a suitable permanent family cannot be found in their country of origin.
Providing support to te tamaiti and whānau or family
We explore and discuss with relatives what other options might be available for them to assist if they want to improve a living situation for te tamaiti.
Relatives may claim to have been parenting te tamaiti during at least a portion of their lives, although they may have now left te tamaiti in the care of the birth parents in their country and have come to live in New Zealand.
They may also indicate that they have been providing financial support. In these situations, relatives in New Zealand are encouraged to continue supporting the whānau or family of te tamaiti, so that te tamaiti can remain with the birth whānau or family in their country of origin.
We advise relatives to seek other appropriate means of supporting their extended whānau or family members who are claimed to be living in poverty and unable to adequately provide for their tamariki.
Cultural practices and expectations
Some New Zealand residents look to adopt relative tamariki because they have been unable to have biological tamariki. This also might be linked to cultural practices and expectations.
When addressing certain cultural practices identified by the whānau or family as the reasons for intercountry adoption, it's important to seek cultural advice in order to respond appropriately. The key focus should always remain on the best interests of te tamaiti as the paramount consideration in determining the need for intercountry adoption.
We must advise relatives that the international adoption practice doesn't support 'adoptions of convenience', where an adoption has been entered into for the purpose of getting an advantage or benefit of New Zealand permanent residence or citizenship status.
Gathering information and preliminary analysis of proposed relative adoption from a contracting state to the Hague Convention
If after an initial discussion the relatives want to go ahead with the adoption proposal, you must have an interview with them to gather information about the proposed adoption. A face-to-face interview is preferred but it can also be done via video conference or over the phone.
The purpose of this interview and the following preliminary analysis is for you to:
- gather sufficient initial information from the prospective adoptive applicants about the proposed intercountry relative adoption
- consult with the New Zealand Central Authority and seek preliminary view on whether the intercountry adoption proposal is likely to be supported to proceed by Oranga Tamariki under Article 17 of the Hague Convention
- provide feedback to the prospective adoptive applicants about the preliminary view of Oranga Tamariki about the adoption proposal, to help them make an informed decision.
You must analyse:
- how the described circumstances evidence the needs of te tamaiti to be adopted
- how the described situation affects te tamaiti
- how the described situation evidences the potential need of te tamaiti to have new parents in another country
- whether the proposed adoption would be in the best interests of te tamaiti.
Use the points in the template below to gather and analyse relevant initial information from relatives in New Zealand wishing to adopt a relative tamaiti from another contracting state to the Hague Convention.
If a preliminary interview and analysis of a relative intercountry adoption proposal is undertaken, it must be entered in CYRAS as a carer record.
Based on your analysis, provide your preliminary view on the adoption proposal. Your preliminary view must be guided by the best interests and the fundamental rights of te tamaiti referred to in the Hague Convention and the United Nations Convention on the Rights of the Child (UNCRoC).
Hague Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption
United Nations Convention on the Rights of the Child (UNCRoC)
Forward the information you gathered from relatives proposing an intercountry adoption and your preliminary analysis of the adoption proposal to the Oranga Tamariki Intercountry Adoption Team.
Your analysis will help the New Zealand Central Authority to advise about its preliminary view on whether an intercountry adoption proposal is likely to be supported to proceed by Oranga Tamariki under Article 17 of the Hague Convention.
Email: NZCA_Adoptions@ot.govt.nz
Advise prospective adoptive applicants about the preliminary view
You must consult and confirm the preliminary analysis with your supervisor before you advise prospective adoptive applicants about the preliminary view of Oranga Tamariki whether an intercountry adoption proposal could be supported to proceed eventually, after the required exchange of information between the countries is completed.
You must communicate your advice with prospective adoptive applicants in person whenever possible, as well as follow it up with written confirmation.
The advice provided to prospective adoptive applicants must be recorded in CYRAS as a separate casenote.
A formal intercountry adoption process commences following the completion of a full assessment of the prospective adoptive parents’ eligibility and suitability to adopt. The prospective adoptive parents may apply at any time for an assessment of suitability to adopt even if the viability of the adoption proposal is doubtful from the outset.
Policy: Caregiver and adoptive applicant assessment and approval
Recording in CYRAS
If a preliminary interview and analysis of a relative intercountry adoption proposal is undertaken, the supervisor must open a carer record in CYRAS and assign it to the social worker who will interview the prospective adoptive applicants and complete a preliminary analysis report.
The social worker must enter the completed preliminary analysis report into the CYRAS record as a casenote.
The carer record remains active if the prospective adoptive parents subsequently apply for an assessment of suitability to adopt.
Policy: Caregiver and adoptive applicant assessment and approval
If the prospective adoptive applicants don't proceed with the intercountry adoption application, the supervisor must close the carer record in CYRAS.
Practice framework prompts for this policy
Our practice is framed in te Tiriti o Waitangi (the Treaty of Waitangi), based on a mana-enhancing paradigm for practice and draws from te ao Māori principles of oranga within the context of our role in statutory child protection and youth justice in Aotearoa New Zealand. Our practice framework helps us make sense of and organise our practice.
Ngākau whakairo
How have I ensured that the rights of te tamaiti or rangatahi are upheld, and that planning meets the needs of te tamaiti or rangatahi while the intercountry adoption application is in process?
Ngākau whakairo practice framework domain
Whai mātauranga
What do I or other professionals know about the strengths and aspirations of te tamaiti or rangatahi? How can we understand the needs of te tamaiti or rangatahi?
Whai mātauranga practice framework domain
Whai oranga
How am I promoting the oranga of te tamaiti or rangatahi to ensure they are supported to belong and feel comfortable?
Whai oranga practice framework domain
Whai pūkenga
What skills will help me to build a shared understanding with the applicants about their own capabilities and especially in the context of needs of te tamaiti or rangatahi?
Whai pūkenga practice framework domain
Whai ākona
How does reflecting on this adoption in terms of long-term implications of loss, belonging and identity help my practice? What helps me to check my biases?