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New Zealand law explained for everyone

Adoption Act 1955

Effect of interim orders and adoption orders

17: Effect of overseas adoptions

You could also call this:

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

Illustration for Adoption Act 1955

If you were adopted in another country, this adoption has the same effect as an adoption in New Zealand, but there are some limits. You are not automatically a New Zealand citizen just because you were adopted, even if your adoptive parent is a New Zealand citizen, as stated in the Citizenship Act 1977.

You also cannot get a visa or entry permission to New Zealand just because you were adopted, according to the Immigration Act 2009. This applies if your adoption happened in a country that is not exempt and your adoptive parent is a New Zealand citizen or has a residence class visa under the Immigration Act 2009.

The rules about citizenship and visas do not affect the decisions made by the Minister of Internal Affairs under the Citizenship Act 1977 or the Minister of Immigration under the Immigration Act 2009.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM293196.

Topics:
Immigration and citizenship > VisasImmigration and citizenship > Becoming a citizenFamily and relationships > Adoption and guardianship
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17Effect of overseas adoptions

  1. This section applies to an overseas adoption that is not a Hague Convention adoption.

  2. For the purposes of this Act and all other New Zealand enactments, the adoption has the same effect as an adoption order made under this Act and no other effect.

  3. However, if subsection (4) applies, the effect of the adoption has the following limitations:

  4. despite section 7(1) of the Citizenship Act 1977, the adopted person is not a New Zealand citizen by descent as a result of the adoption (notwithstanding that under section 3(2)(b) of the Citizenship Act 1977 the adopted person may be deemed the child of a New Zealand citizen); and
    1. the adopted person cannot, as a result of the adoption, be granted—
      1. a visa under the Immigration Act 2009; or
        1. entry permission under the Immigration Act 2009.

        2. This subsection applies if the adoption occurred in a country that is not an exempt country and the adoptive parent, or either of the adoptive parents,—

        3. is a New Zealand citizen; or
          1. holds a residence class visa under the Immigration Act 2009.

            1. Nothing in subsection (3) affects—

            2. the discretion of the Minister of Internal Affairs under the Citizenship Act 1977; or
              1. the absolute discretion of the Minister of Immigration under the Immigration Act 2009.

                Notes
                • Section 17: replaced, on , by section 7 of the Adoption Amendment Act 2025 (2025 No 49).