Adoption Act 1955

Miscellaneous

23A: Report on application for inspection

You could also call this:

"What happens when you ask to see adoption records: a social worker writes a report to help the court decide"

Illustration for Adoption Act 1955

If you apply to a court to see some adoption records, the court might ask a social worker to write a report. The social worker can look at information that is relevant to your application, including the adoption records and your application. They cannot consider information about you or others involved in the adoption that was collected before your application was made. The court that deals with this is the Family Court, and a Family Court Judge or Family Court Associate can make decisions about your application, which was made under section 23(3)(b). You should know that the social worker's report is an important part of the court's decision-making process.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM293320.


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23: Inspection of adoption records, or

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


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"What evidence is used in adoption cases"

23AReport on application for inspection

  1. A court may require a social worker to prepare a report following an application for an order under section 23(3)(b) on a ground referred to in subparagraph (iii) of that paragraph (any other special ground).

  2. A social worker preparing a report required under subsection (1)—

  3. may consider any information obtained for the purpose, including information in the adoption records concerned and the application for the order; but
    1. may not consider information relating to any party to the adoption or application that was obtained by the department before the application was made.
      1. In subsection (1), the jurisdiction of the Family Court may be exercised by a Family Court Judge or Family Court Associate.

      Notes
      • Section 23A: inserted, on , by section 4 of the Adoption Amendment Act 2000 (2000 No 49).
      • Section 23A(3): inserted, on , by section 12 of the Family Court (Family Court Associates) Legislation Act 2023 (2023 No 25).