Plain language law

New Zealand law explained for everyone

Adoption Act 1955

Making of adoption orders

6: Restrictions on placing or keeping a child in a home for adoption

You could also call this:

"Rules for placing a child in a home for adoption, like getting approval first"

Illustration for Adoption Act 1955

You cannot place a child under 15 years old in a home for adoption without approval. A social worker must give prior approval for this to happen, and the approval must still be in force. Alternatively, an interim order for the proposed adoption must be in force.

If a social worker gives approval, it lasts for one month, unless you apply to the court for an adoption order before the month ends. In that case, the approval lasts until the court makes a decision or you withdraw your application. The court can make an interim order even if a social worker says no to the approval.

This rule does not apply if the child is in the home because of the Oranga Tamariki Act 1989 or the Care of Children Act 2004. It also does not apply if the child is living with a parent and step-parent, or with a relative who is allowed to adopt the child. You are allowed to adopt a child if you are a relative, unless there are special reasons why you cannot, such as your age or sex.

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 It might be out of date or be missing some parts.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

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM293134.

Topics:
Family and relationships > Adoption and guardianshipFamily and relationships > Children and parenting
Previous

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

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

Next

7: Consents to adoptions, or

"Who must agree to an adoption"

6Restrictions on placing or keeping a child in a home for adoption

  1. It shall not be lawful for any person to place or receive or keep any child under the age of 15 years in the home of any person for the purpose of adoption, unless—

  2. prior approval has been given by a social worker, and that approval is for the time being in force; or
    1. an interim order in respect of the proposed adoption is for the time being in force.

      1. Any approval granted by a social worker for the purposes of this section shall remain in force for 1 month after it is granted: provided that, where application to the court for an adoption order is made before the expiration of 1 month from the date of the grant of the approval, the approval shall remain in force until the application is abandoned or dismissed or an order is made by the court on the application.

      2. An interim order may be made by the court in respect of a child notwithstanding that a social worker has refused to grant an approval under this section.

      3. This section shall not apply in any case where—

      4. the child is in the home pursuant to any provision of the Oranga Tamariki Act 1989 or to an order made pursuant to that Act; or
        1. the child is in the home pursuant to an order made pursuant to the Care of Children Act 2004; or
          1. the child is in the home of one of the child's parents and a step-parent of the child; or
            1. the child is in the home of a relative of the child (not being a relative who, in the absence of special circumstances, is prohibited, by reason of age or sex, from adopting the child).

              Notes
              • Section 6(1)(a): amended, on , by section 23(4)(b) of the Department of Social Welfare Act 1971 (1971 No 60).
              • Section 6(2): amended, on , by section 23(4)(b) of the Department of Social Welfare Act 1971 (1971 No 60).
              • Section 6(3): amended, on , by section 23(4)(b) of the Department of Social Welfare Act 1971 (1971 No 60).
              • Section 6(4): replaced, on , by section 450(1) of the Children, Young Persons, and Their Families Act 1989 (1989 No 24).
              • Section 6(4)(a): amended on , by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
              • Section 6(4)(b): amended, on , by section 151 of the Care of Children Act 2004 (2004 No 90).