Adoption Act 1955

Making of adoption orders

11: Restrictions on making of orders in respect of adoption

You could also call this:

"Rules to Follow Before a Child Can be Adopted"

Illustration for Adoption Act 1955

Before the court makes any order about adopting a child, you need to know the court must be satisfied that the people applying to adopt are suitable to care for the child. The court checks if they can provide day-to-day care and bring up the child properly. The court also thinks about what is best for the child and considers the child's wishes, taking into account their age and understanding. The court makes sure any conditions about the child's religion, set by the parents or guardians, are being followed, as per the section 151 of the Care of Children Act 2004.

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 It might be out of date or be missing some parts.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=DLM293164.


Previous

10: Social worker to report, or

"The court gets a report from a social worker before making adoption decisions."


Next

12: Revocation of interim order, or

"Stopping an interim order: how to cancel a temporary decision about a child's care"

11Restrictions on making of orders in respect of adoption

  1. Before making any interim order or adoption order in respect of any child, the court shall be satisfied—

  2. that every person who is applying for the order is a fit and proper person to have the role of providing day-to-day care for the child and of sufficient ability to bring up, maintain, and educate the child; and
    1. that the welfare and interests of the child will be promoted by the adoption, due consideration being for this purpose given to the wishes of the child, having regard to the age and understanding of the child; and
      1. that any condition imposed by any parent or guardian of the child with respect to the religious denomination and practice of the applicants or any applicant or as to the religious denomination in which the applicants or applicant intend to bring up the child is being complied with.
        Compare
        • 1908 No 86 s 18(1)(c)
        • Adoption Act 1950 s 5 (UK)
        Notes
        • Section 11(a): amended, on , by section 151 of the Care of Children Act 2004 (2004 No 90).