Adoption — Working with expectant parents

Considering mana tamaiti – where mana is defined as a child’s honour, power, authority, prestige, self-esteem, level of influence, voice and humility, means doing what we can to make sure that any tamaiti placed for adoption will remain connected to their whakapapa.

We can use the 3 overarching principles:

Mana tamaiti

• To ensure the range of options for the care of te tamaiti are fully explored, including whether the option of whāngai would provide a care pathway.

Whakapapa

• While adoption creates new legal parents, it does not change whakapapa. Identify the whānau members who can support te tamaiti to retain lifelong connections with their birth whānau.
• Te tamaiti will benefit from knowing their iwi connections – which will enable them to register with their iwi.

Whanaungatanga

Your kairaranga ā-whānau may be a useful source of support and advice.

Practice for working effectively with Māori

Kairaranga ā-whānau

How closed adoption robbed Māori children of their identity – Radio New Zealand website

The relevance of UNCRoC

The United Nations Convention on the Rights of the Child (UNCRoC) recognises the entitlement of tamariki to special care, provision, protection and participation. New Zealand is a party to UNCRoC and the Convention is incorporated into the Oranga Tamariki Act 1989.

Several of the articles of UNCRoC have relevance for tamariki when they are adopted. These include:

• Article 7 – A name and nationality

Te tamaiti has the right to a name at birth. Te tamaiti also has the right to acquire a nationality and, as far as possible, to know their parents and be cared for by them.

• Article 8 – Identity protection

The State has an obligation to protect and, if necessary, re-establish basic aspects of

the identity of te tamaiti. This includes the name, nationality and family ties of te tamaiti.

• Article 9 – Live with their parents

Te tamaiti has a right to live with their parents unless this is deemed incompatible with the best interests of te tamaiti. Te tamaiti also has the right to maintain contact with both parents if separated from one or both.

• Article 21 – Safe adoption
  In countries where adoption is recognised and/or allowed, it shall be carried out only in the best interests of te tamaiti, and then only with the authorisation of competent authorities and safeguards for te tamaiti.
• Article 30 – Their own culture
  Tamariki of minority communities and indigenous populations have the right to enjoy their own culture and to practise their own religion and language.

UNCRoC – Unicef website

We must:

• support expectant parents to make well-informed, tamaiti-centred choices about the future care arrangements for their tamaiti
• ensure the range of options for the care of te tamaiti is fully explored, including when a private adoption is proposed
• involve the father and wider family, whānau, hapū and iwi in decision-making and planning wherever possible
• discuss the short- and long-term implications of each option for all parties concerned – particularly the long-term impact on te tamaiti.

What we should discuss with expectant parents

Explain to expectant parents that they are in control of the decision-making process and we won’t act without their knowledge or consent.

Areas to cover in our discussion with expectant parents will include:

• expectant parents’ circumstances including pregnancy and health, personal reasons that have led to considering adoption, and whānau or family relationships, involvement and support
• the types of permanent care for tamariki and their distinguishing features, including the relevance of whakapapa and whanaungatanga, the benefits of an open adoption arrangement, and the lifelong and intergenerational aspects of adoption
• the adoption process including understanding the care options that exist for te tamaiti, adoptive applicant selection, what is required for a private adoption, meeting with adoptive applicants and the negotiation of an agreement around future contact, the nature of informed consent and the opportunity to change their decision up until the signing of a legal consent.

When expectant parents want to discuss adoption

Other options for expectant parents considering adoption

Involving fathers when considering adoption

What is open adoption

Involving the wider family, whānau, hapū and iwi

While family, whānau, hapū and iwi involvement in the adoption process is not mandated by law, it can be useful and valuable for expectant parents and te tamaiti to involve their wider family, whānau, hapū and iwi wherever possible. Wider birth family, whānau, hapū and iwi involvement contributes to more informed exploration of family, whānau, hapū and iwi options, better quality information for te tamaiti and opportunities to be connected as they journey through their lives if an adoption proceeds.

We should:

• support expectant parents to speak with their own family, whānau, hapū and iwi about their decisions and plans and any ongoing involvement they may want to have with te tamaiti
• encourage family, whānau, hapū and iwi/support people to be involved in the process of considering adoption
• explore the barriers to whānau or family involvement where they exist
• explore safe and appropriate ways that enable expectant mothers to involve expectant fathers and birth whānau or family in decision-making.

Involving whānau or family in the adoption decision

Encourage expectant parents to discuss the kind of whānau or family they want for their tamaiti. Choosing a whānau or family is not a commitment to adoption – as any plan to place a child for adoption is reviewable up until the consent to adoption is signed – which cannot occur before the 12th day following the birth.

We must:

• help expectant parents to provide information about themselves using the birth family history template, which will help them to think about their own experience, priorities and values. This in turn will help them to identify preferences and criteria for adoptive applicants they can consider. (This can then be part of the information sharing with the adoptive applicants they choose.)
  Family history from parents who are planning to place a tamaiti for adoption (DOCX 35 KB)
• provide expectant parents with a range of profiles – based on their preferences – that they can consider and select an adoptive whānau or family from for their tamaiti
• advise expectant parents that under section 7(6) of the Adoption Act 1955 they can make their adoption consent conditional on the religion of the adoptive applicants or the religion that the adoptive applicants plan to bring up te tamaiti in. They can’t by law make the adoption conditional on any other specific requirements
• provide expectant parents with the opportunity to plan for the care arrangements for te tamaiti in the period after the birth and before consent to adoption.

Making a birth whānau or family history

Preparing for the birth 

Selecting an adoptive whānau or family from profiles

Informing adoptive applicants of the proposed placement

Responding to the rights and interests of Tangata Whenua—Māori

We must:

• enable expectant parents considering placing a tamaiti for adoption to re-evaluate their decision in light of the reality of te tamaiti once they’re born. Changes in circumstances and expectant parents’ emotional response can result in a change of mind about the adoption plan. Social workers must allow as much time as is needed and not influence parents into making a hasty decision
• explore with the expectant parents how they can take care of their tamaiti during the period between birth and before they sign consent to adoption
• where this is not possible, explore whether there are alternative family, whānau, hapū and iwi care options available
• if the expectant parents are not able or willing to provide care for te tamaiti within their own family, whānau, hapū and iwi, discuss the option of a temporary care agreement with Oranga Tamariki on the basis of section 139 of the Oranga Tamariki Act 1989
• discuss with the expectant parents how they will undertake their responsibility to register te tamaiti as soon as practicable after the birth and before the adoption
• ensure the expectant parents understand the restrictions under section 6 of the Adoption Act 1955 on placing or keeping te tamaiti in the adoptive applicants’ care
• advise them that they can take what time they need to review their decision about the future of their tamaiti.

Oranga Tamariki Act 1989

Adoption Act 1955

Preparing for the birth

Caring for the newborn tamaiti before adoption is finalised

Registering the birth of te tamaiti

National Health Index