New Zealand Case Law: Decisions & Judgments

Topic

Intercountry adoption

Legal area

Court

23 Sept 2021

MP v ATTORNEY-GENERAL [2021] NZCA 482

Citation

[2021] NZCA 482
Court

Court of Appeal

The Court held that when registering an adoption to which the Adoption (Intercountry) Act 1997 applies the Registrar-General must record the name (if any) specified by the child's adoptive parents as advised at the time of notification or as recorded in a s12(1)(b) conversion order, and birth certificates are to be issued accordingly under s63 of the Registration Act; the Article 23 certificate does not preclude the Registrar-General from recording the adoptive parents' stipulated name; the High Court's finding that the Thai adoption was a full adoption was unsustainable on the material befor…
19 Mar 2021

NORMAN v ATTORNEY-GENERAL [2021] NZCA 78

Citation

[2021] NZCA 78
Court

Court of Appeal

Adoption orders were permissible and should be made for the three younger children (Tessa, Sam, Ana) because their parents are absent, no legal guardian is in place, and adoption by their New Zealand aunt is in their best interests when assessed holistically under s 11(b) of the Adoption Act 1955; no adoption order could be made for Wendy because she was over 20 when the court decided and the Act precludes adoption of persons aged 20 or over unless an interim order was already in force.
25 Sept 2020

SOLOMON v ATTORNEY-GENERAL [2020] NZHC 2521

Citation

[2020] NZHC 2521
Court

High Court

Court was satisfied on the balance of evidence that both girls were under 20 years of age, that other statutory criteria under the Adoption Act 1955 were met, and that adoption was in the girls' best interests rather than an attempt to circumvent immigration controls; accordingly the appeal is allowed and a final adoption order is granted with specified recorded birth dates.
29 Jun 2020

NORMAN v ATTORNEY-GENERAL [2020] NZHC 1483

Citation

[2020] NZHC 1483
Court

High Court

Leave to appeal was granted only on the limited legal question whether the High Court erred by treating the creation of a new family as the purpose of adoption and thereby inappropriately preconditioning its best interests assessment in the context of an intrafamily intercountry adoption; other grounds did not meet the threshold for leave.
28 Feb 2020

NORMAN v ATTORNEY-GENERAL [2020] NZHC 336

Citation

[2020] NZHC 336
Court

High Court

Although fresh DNA evidence admitted on appeal supported the claimed familial relationship, the Court declined to make final adoption orders because the welfare and interests of the children would not be promoted: the children have a primary, loving caregiver and extended family in Ethiopia; the subsidiarity principle and international obligations weigh strongly in favour of them remaining in their country of origin where suitable family care exists; the applicants' motives were substantially educational and socioeconomic rather than to create a parental family unit; given the children's ages…
23 Jan 2020

REGISTRAR-GENERAL OF BIRTHS, DEATHS AND MARRIAGES v AA AND MM [2020] NZHC 22 [4 March 2020]

Citation

[2020] NZHC 22
Court

High Court

For overseas adoptions within s11 of the Intercountry Adoption Act the Registrar-General must register the name appearing in the competent authority's art 23 certificate by application of ss24 and 25 of the BDMRR Act and reg 6; an art 23 certificate functions as the notice required for registration and, absent variation of that certificate or a registered name change under s21A/B, the Registrar-General correctly issues the birth certificate in the birth name; the Family Court orders purporting to convert or vary the adoption in this case were invalid and of no effect because the overseas adop…
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.

New Zealand Case Law

MP v ATTORNEY-GENERAL [2021] NZCA 482

NORMAN v ATTORNEY-GENERAL [2021] NZCA 78

SOLOMON v ATTORNEY-GENERAL [2020] NZHC 2521

NORMAN v ATTORNEY-GENERAL [2020] NZHC 1483

NORMAN v ATTORNEY-GENERAL [2020] NZHC 336

REGISTRAR-GENERAL OF BIRTHS, DEATHS AND MARRIAGES v AA AND MM [2020] NZHC 22 [4 March 2020]

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