Adoption of children from overseas countries by New Zealand citizens and permanent residents must comply with New Zealand’s international obligations and the laws of the countries involved within the framework and principles of the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption.
Facilitating an intercountry adoptive placement
Prior to completing the adoption assessment, adoptive applicants must be informed about the different processes that each country has, the likely costs for which they will be responsible, and the consequences of pursuing multiple applications.
Creating the overseas dossier
Once the adoptive applicants have been assessed and approved as able to meet the needs of a child from another country, a Home Study Report must be prepared and the documentation dossier assembled as specified by the country selected by the applicants.
The social worker must liaise with the New Zealand Central Authority (NZCA) to enable the NZCA to fulfil its duties to cooperate with other Central Authorities under the Hague Convention (Articles 1, 9, 15, and 16).
Receiving a proposal for placement
When applicants have been selected by the overseas country to adopt a particular child, a child study is sent by the Central Authority of that country to the New Zealand Central Authority who must approve of the proposal before sending it to the social worker for discussion with the applicants. This function may be undertaken by an NGO.
The adoptive applicants must be given the opportunity to explore the possibilities of the proposal, using the concepts encountered in the child study review tool during preparation.
Once the applicants are in a position to go ahead with the proposed placement, with the supervisor’s approval, the social worker will notify the NZCA of the applicant’s decision.
Facilitating the adoption proceedings
In cases where the NGO does not fulfil this function, the social worker must liaise with the NZCA to assist the applicants to correspond with the overseas country, plan their meeting with the child, their activities while in the child’s country of origin and their return to New Zealand.
As countries vary in what formal procedures are undertaken as part of the transfer of the child’s care, the applicants must be familiarised with the country requirements and process for finalisation, administrative or a Court process.
If the adoption is to occur in the New Zealand Family Court, follow the 'Report to Court' section of the Key information: Direct applications to the Family Court. The report must include information pertaining to the Hague status of the child’s country of origin, compatibility of legislation and the residency /citizenship status of the applicants.
In all intercountry cases, the NZCA must take appropriate measures to ensure any children adopted from another country have a formal record of their birth and adoptive identity and to assist these children to secure New Zealand citizenship and entitlement to services.
Post-placement reporting
Where an NGO does not carry out this function, the social worker must sight the Adoption Order or adoption finalisation document and record details to ensure the mandate for placement report is established. The social worker will supply to the NZCA accurate and timely post-placement reports as required by the child’s country of birth.
Applications to the New Zealand Family Court from parties outside of New Zealand
Social workers must respond to all adoption proposals and/or applications under s3 of the Adoption Act 1955.
Intercountry adoption applications to the New Zealand Family Court
Intercountry adoption proposals by relatives
Social workers will respond to all requests for intercountry adoption proposals by relatives according to the guidance outlined in Key Information: Initial assessment of intercountry adoption proposals by relatives.
