Immigration New Zealand (INZ) has announced that interim measures suspending the recognition of international adoptions are being introduced to address the risk of harm to children and young people in New Zealand.
Due to these interim changes, many overseas adoptions by New Zealand citizens and residents will no longer be recognized under New Zealand law for immigration and citizenship purposes. This has immediate implications for immigration pathways involving adopted children.
Key changes
These changes only apply to New Zealand citizens and residents who have adopted children in another country and are applying for a visa or citizenship for the adopted children.
These measures are effective immediately after the Adoption Amendment Bill gains Royal Assent. Once the bill gains Royal Assent, immigration requirements will be updated to reflect the suspension of section 17 of the Adoption Act 1955 for citizenship and immigration purposes.
This means:
- overseas adoptions, completed in accordance with the laws of the country in which they took place, will no longer be recognized unless the adoption occurred in an exempt country
- children adopted from non-exempt countries are now ineligible for resident and visitor visas based on the parent-child relationship.
People who are not New Zealand citizens or residents can still include and support adopted children in their visa applications, based on their parent-child relationship. Each parent named on, or supporting a visa application of an adopted child must not be a New Zealand resident or citizen.
For example, an adopted child, even from a country that is not exempt, can still be included on a migrant family’s application for residence or a family application for a Visitor Visa to visit New Zealand on holiday.
New visa applications
New visa applications for adopted children will likely be declined, if:
- it is submitted based on a parent-child relationship with a New Zealand citizen or resident, and
- the adoption has taken place in a country that is non-exempt and that is not on the list of Hague Convention countries.
Existing visa applications
If an adopted child has already submitted a residence or visitor visa application based on a parent-child relationship, their application will continue to be processed, even if the adoption took place in a country that is not exempt or from a Hague Convention country.
Erickson Insights & Analysis
Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.