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Adoption Act 1955

Miscellaneous

23: Inspection of adoption records

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"Looking at adoption records is allowed for special reasons, like helping with someone's estate or checking if someone can get married."

Illustration for Adoption Act 1955

You can look at adoption records for some reasons. If you are looking after someone's estate or trust, you can look at adoption records to help you. You need a good reason to look at these records.

Some people can look at adoption records to check if someone can get married or be in a civil union. These people are called Registrars, and they are defined in section 4 of the Births, Deaths, Marriages, and Relationships Registration Act 2021, or they can be marriage celebrants under the Marriage Act 1955. They can also be civil union celebrants under the Civil Union Act 2004.

A social worker can look at adoption records to prepare a report required under section 23A(1). Adoption records are not usually available to the public, but you can look at them if you have a special reason. You can look at them if a court orders you to, or if you are allowed to under other parts of the law, like section 11(4)(b) of the Adult Adoption Information Act 1985. A court can order you to look at adoption records for some reasons, like if someone is being prosecuted for making a false statement, or if there is a question about an adoption order. A Family Court Associate, a Family Court Judge, the District Court, or the High Court can make this order.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM293315.

Topics:
Family and relationships > Adoption and guardianshipFamily and relationships > Marriage and partnershipsCrime and justice > Courts and legal help
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23Inspection of adoption records

  1. An adoption order shall be open to inspection by any person who requires to inspect it for some purpose in connection with the administration of an estate or trust of which that person is executor, administrator, or trustee.

  2. Adoption records are open to inspection by—

  3. any Registrar (as defined in section 4 of the Births, Deaths, Marriages, and Relationships Registration Act 2021) or marriage celebrant under the Marriage Act 1955 for the purpose of investigating forbidden degrees of relationship under the Marriage Act 1955; and
    1. any Registrar (as so defined) or civil union celebrant under the Civil Union Act 2004 for the purpose of investigating prohibited degrees of civil union under the Civil Union Act 2004.

      1. Adoption records are open to inspection by a social worker for the purpose of preparing a report required under section 23A(1).

      2. Adoption records shall not be available for production or open to inspection except—

      3. to the extent authorised by subsections (1), (2), or (2A) of this section or by section 11(4)(b) of the Adult Adoption Information Act 1985; or
        1. on the order of a Family Court Associate, a Family Court Judge, the District Court, or the High Court, made—
          1. for the purposes of a prosecution for making a false statement; or
            1. in the event of any question as to the validity or effect of any interim order or adoption order; or
              1. on any other special ground.

              Notes
              • Section 23: replaced, on , by section 15 of the Adult Adoption Information Act 1985 (1985 No 127).
              • Section 23(2): replaced, on , by section 40(2) of the Civil Union Act 2004 (2004 No 102).
              • Section 23(2)(a): amended, on , by section 147 of the Births, Deaths, Marriages, and Relationships Registration Act 2021 (2021 No 57).
              • Section 23(2A): inserted, on , by section 3(1) of the Adoption Amendment Act 2000 (2000 No 49).
              • Section 23(3)(a): amended, on , by section 3(2) of the Adoption Amendment Act 2000 (2000 No 49).
              • Section 23(3)(b): amended, on , by section 11 of the Family Court (Family Court Associates) Legislation Act 2023 (2023 No 25).
              • Section 23(3)(b): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).