2016-May 20: Advice Regarding Adoptions

Visa Pak 260 - Advice for staff about adopted children entering New Zealand.

Visa Paks

20 May 2016

Advice Regarding Adoptions

Operations Support has become aware of some instances where Licensed Immigration Advisors or Immigration Lawyers have advised clients who intend to adopt a child to apply for a visa offshore first and then arrange the adoption once they are in New Zealand. This advice is incorrect and may lead to their visa to enter New Zealand being declined as they have no current path to residence. Also, if the correct process is not followed there is a risk that the child is being trafficked into New Zealand.

If a person who is habitually resident in New Zealand is intending to adopt a child, whether in New Zealand or overseas, they must first approach the Adoption Services Team at Child, Youth and Family (CYF) to start the adoption process. The process from there will vary depending on the circumstances of the adoption.

If the adoption takes place overseas in a country which, like New Zealand, is a party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (the Hague Convention), then CYF involvement is essential to secure a visa. Where an adoption takes place in a country which is not a party to the Hague Convention, eligibility for a visa is dependent on the overseas adoption order having the same effect as a New Zealand adoption order under section 17 of the Adoption Act 1955.

In all cases no attempt should be made to bring the child to New Zealand until the correct visa has been applied for e.g. a resident visa under Dependent Child Category.

Action
Please discuss with your team(s).