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Adoption Amendment Act 2025 - Temporary suspension of unsafe international adoptions
The Government has suspended the recognition of unsafe international adoptions under the Adoption Act 1955(external link) to protect children and young people from potential harm.
On 16 September 2025, Parliament passed the Adoption Amendment Act 2025 under urgency, immediately and temporarily suspending New Zealand’s recognition of unsafe overseas adoptions for citizenship and immigration purposes.
The Government made these changes to strengthen New Zealand’s international adoption laws, which have not provided sufficient safeguards for children and young people. There is evidence that some children brought to New Zealand through an international adoption were subjected to neglect, abuse or exploitation. Harm to children is unacceptable.
The law change temporarily suspends the recognition of international adoptions under section 17 of the Adoption Act 1955 (the Act) by New Zealand citizens and residents for citizenship and immigration purposes. It also restricts the ability of the Family Court to grant adoptions where the adoptive parent or child are overseas under section 3 of the Act.
The Government has also taken steps to preserve overseas adoption pathways where it has been able to establish that they include adequate safeguards.
The Act includes a list of countries that are exempt from the suspension. The Minister of Justice will be able to update this list if circumstances change.
The law change does not affect adoptions undertaken via the Hague Convention intercountry adoption process.
The Ministers of Immigration and Internal Affairs retain their discretion to grant exemptions for citizenship and immigration purposes based on individual family circumstances.
Judges retain some discretion to grant adoption orders where the applicants and child are ordinarily resident overseas where exceptional circumstances apply, despite the change to their jurisdiction to grant adoption orders.
The temporary suspension does not apply retrospectively. New Zealand citizens who have already adopted can still register the adopted child’s citizenship. Any immigration applications that were in progress on 18 September 2025 have continued to be processed.
The temporary suspension expires on 1 July 2027. The Associate Minister of Justice, Hon Nicole McKee, anticipates that the Overseas Adoptions Legislation Bill, introduced on 7 May, will be in force by the expiry date.
Anyone considering or in the process of adopting a child overseas should seek expert legal advice.
New Zealand adoption pathways under the Adoption Amendment Act 2025
International adoption through the New Zealand Family Court
Overseas Adoptions Legislation Bill – Enduring reform to New Zealand’s international adoption system
The Government has introduced the Overseas Adoptions Legislation Bill(external link) to Parliament to replace the temporary changes urgently enacted by Parliament in September 2025. The Bill clarifies when New Zealand recognises adoptions made in overseas courts, and the circumstances in which adopted children become New Zealand citizens or gain access to immigration pathways to enter New Zealand.
People will have the opportunity to provide feedback when the Bill is referred to Parliament’s Justice Committee to receive and hear submissions from the public. The Bill is expected to be passed before the temporary suspension expires on 1 July 2027.
If the Bill is passed into law, there will be two pathways for children adopted overseas by New Zealand citizens to automatically become New Zealand citizens:
through the process under the Hague Convention on Protection of Children Co-operation in Respect of Intercountry Adoption (which is not affected by the Bill), or
in the New Zealand Family Court.
The Bill allows for adoption applications to be made in the New Zealand Family Court:
if the adoptive parents and the child are living in New Zealand (domestic adoption, which is not affected by the Bill),
to formally recognise parentage in international surrogacy arrangements, provided the arrangement was entered into and carried out in accordance with the applicable laws in all relevant countries, or
if the court is satisfied that at least one of the adoptive parents or the child is living in New Zealand, there are exceptional circumstances, and the application will promote the child’s welfare and best interests.
Further pathways for entering New Zealand will be available through the immigration system, with appropriate checks, for children adopted overseas who are:
migrating to New Zealand with their parents, or
the children of New Zealand expatriates.
An immigration pathway to enter New Zealand will also exist for children who are adopted by New Zealanders in courts of ‘designated countries.’ To use this pathway the adoptive parents must be ordinarily resident in New Zealand at the time of adoption, and the adoption must be made in a designated country. A country can become designated if the Government is satisfied that the country’s regulatory regime provides sufficient safeguards to prevent harm to adopted children.
Proposed New Zealand adoption pathways under the Overseas Adoptions Legislation Bill
International adoption through the New Zealand Family Court (proposed)
International adoptions recognised by New Zealand (proposed)
