New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Adoption act 1955

Legal area

Court

20 Dec 2012

U (CA381/2012) V ATTORNEY-GENERAL COA CA381/2012

Citation

COA CA381/2012
Court

Court of Appeal

An inter-country adoption that falls within the scope of the Hague Convention but was effected without complying with the Convention's mandatory requirements cannot be recognised in New Zealand; the Convention has force of law domestically (Adoption (Intercountry) Act 1997) and Adoption Act 1955 s17(5) excludes common law recognition for Convention-scope adoptions, so the High Court correctly refused declaratory relief and the Family Court and Central Authorities are the appropriate fora to remedy procedural defects.
30 May 2012

U V ATTORNEY-GENERAL HC AK CIV-2011-404-008231

Citation

openlaw-cb18cff9_d9a8_46d8_aba9_a036c977e529.pdf
Court

High Court

The Philippine adoption fell within the Hague Convention's scope but did not obtain the required approvals or certification from the relevant Central Authorities; under the Adoption (Intercountry) Act 1997 (which gives the Convention force in New Zealand) and s 17(5) of the Adoption Act 1955 such an intercountry adoption cannot be recognised in New Zealand, so the Court cannot declare the plaintiff to be the child's mother or guardian and the claim must be dismissed.