Interim changes to visa applications for international adoptions
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. Here is what you need to know.
Due to interim changes to New Zealand’s international adoption policy, many overseas adoptions by New Zealand citizens and residents will no longer be recognised under New Zealand law for immigration and citizenship purposes. This has immediate implications for immigration pathways involving adopted children.
The New Zealand Government has introduced these interim measures to reduce the immediate risk of harm to children and young people who may be adopted through international pathways, while a targeted review of legislation and policy settings is undertaken.
Key changes for applicants
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 recognised 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.
List of exempt countries — New Zealand Legislation
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.
More information
To find out more about these changes and wider Adoption Legislation Reform in New Zealand, visit:
Adoption Law Reform — Ministry of Justice
Contact us
You can explore alternative visa pathways: