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New Zealand law explained for everyone

Adoption Act 1955

Making of adoption orders

3: Power to make adoption orders

You could also call this:

"When a court can let someone adopt a child in New Zealand"

Illustration for Adoption Act 1955

A court can make an adoption order for a child if someone applies for it. You can apply to adopt a child if you live in New Zealand and the child lives in New Zealand. You can also apply if there are special reasons that make it a good idea.

You and your spouse can apply to adopt a child together. A mother or father can also apply to adopt their own child, either alone or with their spouse. To be considered living in New Zealand, you must have your home here, be living here and planning to stay, or be away but planning to come back and live here.

A court can make an adoption order if a Judge or Family Court Associate is satisfied with the application. They must be satisfied that you or the child live in New Zealand, or that there are special reasons for the adoption. You can find more information about the Adoption Amendment Act 2025 that changed some of these rules.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM293128.

Topics:
Family and relationships > Adoption and guardianshipFamily and relationships > Children and parenting
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2A: Transitional, savings, and related provisions, or

"Special rules to help with the change to the new Adoption Act"

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4: Restrictions on making adoption orders, or

"Rules for Who Can Adopt a Child"

3Power to make adoption orders

  1. Subject to the provisions of this Act, a court may, on an application for the purpose, make an adoption order in respect of a child.

  2. However, an application for an adoption order in respect of a child may be made only if—

  3. a Judge is satisfied that the need for the adoption arises because of an international surrogacy arrangement; or
    1. a Family Court Associate or Judge is satisfied that—
      1. the applicant or applicants are ordinarily resident in New Zealand and the child is ordinarily resident in New Zealand; or
        1. there are exceptional circumstances that justify the making of the application.

        2. An adoption order may be made on the application of 2 spouses jointly in respect of a child.

        3. An adoption order may be made in respect of the adoption of a child by the mother or father of the child, either alone or jointly with his or her spouse.

        4. For the purposes of this section, a person is to be treated as ordinarily resident in New Zealand if—

        5. the person’s home is in New Zealand; or
          1. the person is residing in New Zealand with the intention of residing in New Zealand indefinitely; or
            1. having resided in New Zealand with the intention of establishing their home in New Zealand, or with the intention of residing in New Zealand indefinitely, the person is outside New Zealand but intends to return to establish their home in New Zealand or to reside in New Zealand indefinitely.

              Compare
              • 1908 No 86 ss 16, 17
              • Adoption Act 1950 s 1 (UK)
              Notes
              • Section 3(1): replaced, on , by section 6(1) of the Adoption Amendment Act 2025 (2025 No 49).
              • Section 3(1A): inserted, on , by section 6(1) of the Adoption Amendment Act 2025 (2025 No 49).
              • Section 3(4): inserted, on , by section 6(2) of the Adoption Amendment Act 2025 (2025 No 49).