Adoption

Raising someone else's child

A short overview on adoption

The New Zealand legal system mainly provides two alternatives to raise another woman's child: guardianship and adoption. Both secure a certain level of responsibility for the child and security for the newly formed family. Still, each procedure has advantages and disadvantages and the particular situation should be evaluated closely before choosing one way or another.

Adoption

Adoption goes further than Guardianship. It basically is the substitution of new parents for the existing and when completed, the child is "as if born" in the new family. The original birth registration is closed and a new one in the adoptive name is issued.

Different Types of Adoption

Giving a child to strangers
Adoption by the step-parent or by foster-parents, by relatives
Inter-country adoptions of children from overseas

Still, the legal act is generally always the same:

An adoption order is made by a Family Court or a District Court upon application by either the new parents or the mother or father of the child
Usually, if the Court considers granting an adoption order, it makes an interim order in favour of the applicants

Consent

For both the interim order and the final adoption order consent by the parents, guardians and by the adopting persons is required
A problem for Maori is that the birth mother can decide without involving the father or the whanau, because if they are not guardians only her consent is needed
Consent must be given in writing on a special form and must be signed in front of a solicitor
To ensure that the birth mother has time to think through her decision, she may not sign until the child is at least 12 days old
The declaration is binding and irrevocable once it was given to either the adoptive parents or the Court, until the to-be adoptive parents had a reasonable opportunity to make an application for the child
An agreement made verbally to consent to an adoption, even if within the whanau or other witnesses, is not binding and cannot be enforced if the birth mother changes her mind later

Denial of Consent

But when the birth mother or another guardian denies consent, there's still a way to adopt

The consent may be dispensed by Court under certain circumstances, e.g. if the parent or guardian neglected or mistreated the child and was given notice of the application for an adoption order or if the parent is not able to care for the child due to physical or mental incapacity
Still the birth mother has not lost all her rights yet, as any person whose consent was dispensed with can apply for revocation within one month after the order was made
To simplify the procedure when birth parents are sure they want their child adopted, they can appoint the Superintendent of Child Welfare as guardian until the child is legally adopted. His consent then is sufficient.
Within their appointment they can also impose conditions with respect to religious denomination and practice of the adopting parents.

Report concerning the Child

Before an adoption order is made by the Court, a Child Welfare Officer will compose a detailed report for the Court based on his or her observations concerning the child, the adopting parents and the whole environment.

If the application affects a Maori child, the Officer needs to be Maori or the report shall be made by a member of the Maori community that is appointed by the Superintendent of Child Welfare.
Applications will not be heard in open Court.

Open Adoption

A more modern approach to adoption that is not yet incorporated in statutes is open adoption. The procedure is the same, but other than in a usual adoption, secrecy is displaced and the maintaining of contact and building of a relationship between birth parents and the child is encouraged. The birth and the adoptive parents get to know each other and their contractual agreement is individually adjusted to them.

These open arrangements are more consistent with Maori attitude to adoption, as the children are not cut off from their whakapapa. But such an agreement cannot be legally enforced and the birth parents cannot put their right for contact through, though for the adopting parents it has the same legal incidents as any conventional adoption.

Intercountry Adoption

Of course future adoptive parents can also adopt children from overseas. The effect of these adoptions equals all New Zealand adoptions if they're made in a Contracting State of the Hague Convention (on Protection of Children and Co-operation on Respect of Intercountry Adoption). Overseas adoptions also have the same effects if they're recognised. Therefore the adoption must be valid in the country where it occurred and give the adoptive parents a superior custody right to that of the natural parents.

Conclusion

As an adoption usually cuts all strings to the birth parents and their family, it basically is only a good way if all concerned parties are aware of this effect and agree on it.

A good compromise between both is open adoption, since basically the child, when old enough, can determine the extent of contact. Also a combination of both might be suitable in certain cases, e.g. combining an adoption with a restricted guardianship for the mother to ensure her right of contact.

In any case, the advantages and disadvantages should be carefully weighed and the individual situation well-considered!
For any option several contact points such as the Family Court, the Child, Youth and Family Services, Community Centres or the Maori Legal Services are happy to offer both birth and foster parents assistance, information and expert knowledge.

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