Adoption Act 1955

Making of adoption orders

14: Date on which adoption order becomes effective

You could also call this:

"When does an adoption order take effect?"

Illustration for Adoption Act 1955

When you get an adoption order, it becomes effective on a certain date. If the court makes an interim order first, the adoption order becomes effective when it is issued without another hearing. In other cases, it becomes effective on the date the court actually grants the order.

If the court granted an adoption order before this law started, but did not sign a formal order, it is deemed to have been signed on the date the court granted it. However, this does not apply to certain documents or wills made before this law started, or to the rights of the adopted child or others under those documents. This rule is an exception to the general rule about when adoption orders become effective.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM293184.


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14Date on which adoption order becomes effective

  1. An adoption order made after the commencement of this Act shall be deemed to be made,—

  2. in any case where it is issued after an interim order has been made and without further hearing, on the date on which it is so issued:
    1. in any other case, on the date of the actual granting of the order by the court, whether or not a formal order is ever signed.
      1. Where before the commencement of this Act an adoption order has been granted in New Zealand by any court but no adoption order in the prescribed form has ever been signed, the order shall be deemed to have been signed and to have become effective on the date of the actual granting of the order by the court: provided that, for the purposes of any deed or instrument (except a will) made before the commencement of this Act, or of the will or intestacy of any testator or intestate who died before the commencement of this Act, or of any vested or contingent right of the adopted child or any other person under any such deed, instrument, will, or intestacy, this subsection shall not apply to any adoption order which has been granted before the commencement of this Act.