Adoption Act 1955

Making of adoption orders

4: Restrictions on making adoption orders

You could also call this:

"Rules for Who Can Adopt a Child"

When you want to adopt a child, there are some rules to follow. You must be at least 25 years old and 20 years older than the child, or you must be a relative of the child who is at least 20 years old, or you must be the child's mother or father. The court will consider these rules when deciding if you can adopt a child.

If the child is a girl, the court will only let a man adopt her if he is her father or if there are special reasons why it is a good idea. The court will also consider if you are trying to adopt the child with someone else. Normally, only one person or a couple can adopt a child, but there are some exceptions, as stated in section 3.

If someone breaks these rules and adopts a child anyway, the adoption is still valid, but the court can cancel it under section 20. If the adoption is not cancelled, the High Court can make decisions about who takes care of the child and how the child is supported and educated.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on 1 October 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM293129.

Topics:

Family and relationships > Adoption and guardianshipFamily and relationships > Children and parenting

3: Power to make adoption orders, or

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

5: Interim orders to be made in first instance, or

"The court makes a temporary adoption order first, before making it final."

4Restrictions on making adoption orders

Except in special circumstances, an adoption order shall not be made in respect of a child unless the applicant or, in the case of a joint application, one of the applicants—
has attained the age of 25 years and is at least 20 years older than the child; or
has attained the age of 20 years and is a relative of the child; or
is the mother or father of the child.

An adoption order shall not be made in respect of a child who is a female in favour of a sole applicant who is a male unless the court is satisfied that the applicant is the father of the child or that there are special circumstances which justify the making of an adoption order.
Except as provided in subsection (2) of section 3, an adoption order shall not be made providing for the adoption of a child by more than 1 person.
Any adoption order made in contravention of this section shall be valid, but may be discharged by the court under section 20.
Where any adoption order made in contravention of this section provides for the adoption of a child by more than 1 person, the High Court may, on the application of any such person made at any time while the adoption order remains in force, make such provision as appears just with respect to the role of providing day-to-day care for the child, and with respect to the maintenance and education of the child.

Compare

1908 No 86 ss 16, 17, 19
Adoption Act 1950 s 2 (UK)

Notes

Section 4(1)(a): amended, on 1 January 1971, by section 6 of the Age of Majority Act 1970 (1970 No 137).
Section 4(1)(b): amended, on 1 January 1971, by section 6 of the Age of Majority Act 1970 (1970 No 137).
Section 4(5): amended, on 1 July 2005, by section 151 of the Care of Children Act 2004 (2004 No 90).
Section 4(5): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).