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Adoption Act 1955

Effect of interim orders and adoption orders

16: Effect of adoption order

You could also call this:

"What happens to you and your family when an adoption order is made"

Illustration for Adoption Act 1955

When an adoption order is made, it gives the adopted child a new surname and one or more given names. The names are usually chosen by the person adopting the child, but the court can change them if it thinks it's not a good idea. In some cases, the court might only give the child a new surname if that's what the adoptive parent's religion or culture prefers.

When you are adopted, the law says you become the child of your new parent, just like you were born to them. This means you are no longer the child of your old parents, and they are no longer your parents. Any previous adoption orders are also cancelled, as stated in section 20. Your relationships with your new family and old family are determined by the adoption order.

The adoption order does not change your nationality or citizenship, according to the Citizenship Act 1977. You will take on the domicile of your adoptive parent, which means you will be considered to be from the same place as them. Any agreements about who looks after you or pays for you to be looked after will also stop. This is also subject to section 6(2) of the Child Support Act 1991 and section 25(2)(b) of the Child Support Act 1991.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM293189.

Topics:
Family and relationships > Children and parentingFamily and relationships > Adoption and guardianshipImmigration and citizenship > Citizenship
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"What happens when a temporary adoption order is made for a child"

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"What happens if you're adopted in another country and want to live in New Zealand"

16Effect of adoption order

  1. Every adoption order shall confer on the adopted child a surname, and 1 or more given names.

  2. The names conferred on an adopted child by an adoption order shall be those specified by the applicant for the order, unless the court is satisfied it is not in the public interest for the child to bear those names.

  3. Notwithstanding subsection (1), if the court is satisfied that it is contrary to the religious beliefs or cultural traditions of the applicant for an adoption order for the adopted child to bear a given name, the order may confer on the child a surname only.

  4. Upon an adoption order being made, the following paragraphs of this subsection shall have effect for all purposes, whether civil, criminal, or otherwise, but subject to the provisions of any enactment which distinguishes in any way between adopted children and children other than adopted children, namely:

  5. the adopted child shall be deemed to become the child of the adoptive parent, and the adoptive parent shall be deemed to become the parent of the child, as if the child had been born to that parent in lawful wedlock:
    1. the adopted child shall be deemed to cease to be the child of his existing parents (whether his natural parents or his adoptive parents under any previous adoption), and the existing parents of the adopted child shall be deemed to cease to be his parents, and any existing adoption order in respect of the child shall be deemed to be discharged under section 20:
      1. the relationship to one another of all persons (whether the adopted child, the adoptive parent, the existing parents, or any other persons) shall be determined in accordance with the foregoing provisions of this subsection so far as they are applicable:
        1. the foregoing provisions of this subsection shall not apply for the purposes of any deed, instrument, will, or intestacy, or affect any vested or contingent right of the adopted child or any other person under any deed, instrument, will, or intestacy, where the adoption order is made after the date of the deed or instrument or after the date of the death of the testator or intestate, as the case may be, unless in the case of a deed, instrument, or will, express provision is made to that effect:
          1. subject to the Citizenship Act 1977, the adoption order shall not affect the race, nationality, or citizenship of the adopted child:
            1. the adopted child shall acquire the domicile of his adoptive parent or adoptive parents, and the child's domicile shall thereafter be determined as if the child had been born in lawful wedlock to the said parent or parents:
                1. any existing appointment as guardian of the adopted child shall cease to have effect:
                  1. any affiliation order or maintenance order in respect of the adopted child and any agreement (not being in the nature of a trust) which provides for payments for the maintenance of the adopted child shall cease to have effect:

                    1. This section shall apply with respect to all adoption orders, whether made before or after the commencement of this Act: provided that,—

                    2. for the purposes of any appointment, affiliation order, maintenance order, or agreement to which paragraph (h) or paragraph (i) of subsection (2) applies, the adoption order, if made before the commencement of this Act, shall be deemed to have been made on the date of the commencement of this Act:
                      1. for the purposes of any other 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 section shall not apply, and the adoption order shall have effect for the purposes of the deed, instrument, will, or intestacy according to the law existing at the date on which the deed, instrument, will, or intestacy took effect:
                        1. an adoption order made before 1 April 1954 shall not affect the operation of any rule of Maori custom as to intestate succession to Maori land.

                          1. Subsection (2)(i) applies to all maintenance orders, whether made before, on, or after 1 July 1992.

                          2. The first proviso to subsection (2)(a) applies subject to section 6(2) of the Child Support Act 1991.

                          3. The first proviso to subsection (2)(i) applies subject to section 25(2)(b) of the Child Support Act 1991.

                          Compare
                          • 1950 No 18 s 2
                          Notes
                          • Section 16(1): replaced, on , by section 95 of the Births, Deaths, Marriages, and Relationships Registration Act 1995 (1995 No 16).
                          • Section 16(1A): inserted, on , by section 95 of the Births, Deaths, Marriages, and Relationships Registration Act 1995 (1995 No 16).
                          • Section 16(1B): inserted, on , by section 95 of the Births, Deaths, Marriages, and Relationships Registration Act 1995 (1995 No 16).
                          • Section 16(2)(a) proviso: amended, on , by section 9 of the Marriage (Definition of Marriage) Amendment Act 2013 (2013 No 20).
                          • Section 16(2)(b) proviso: amended, on , by section 40(1) of the Civil Union Act 2004 (2004 No 102).
                          • Section 16(2)(e): replaced, on 1 January 1978, by section 30(2) of the Citizenship Act 1977 (1977 No 61).
                          • Section 16(2)(f) proviso: repealed, on , by section 14(2) of the Domicile Act 1976 (1976 No 17).
                          • Section 16(2)(g): repealed, on , by section 14(2) of the Domicile Act 1976 (1976 No 17).
                          • Section 16(2)(i) proviso: amended, on , by section 9 of the Marriage (Definition of Marriage) Amendment Act 2013 (2013 No 20).
                          • Section 16(4): inserted, on , by section 243 of the Child Support Act 1991 (1991 No 142).
                          • Section 16(5): inserted, on , by section 243 of the Child Support Act 1991 (1991 No 142).
                          • Section 16(6): inserted, on , by section 243 of the Child Support Act 1991 (1991 No 142).
                          • Section 16(6): amended, on , by section 35 of the Child Support Amendment Act 2013 (2013 No 12).