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Adoption Act 1955

Miscellaneous

Schedule 1AA: Transitional, savings, and related provisions

You could also call this:

"Rules for when the adoption law changes"

Illustration for Adoption Act 1955

The Adoption Act 1955 has some special rules that apply when the law changes. You need to know what these rules are if you are adopting a child. The law change is called the Adoption Amendment Act 2025.

If you applied to adopt a child before the first part of the new law came into effect, the old law still applies to your application. This is because the new law did not exist when you made your application. You can read about the old law in section 3.

There are also special rules for children who were adopted from another country. These rules are about things like citizenship and visas. You can read about these rules in section 17.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1518655.

Topics:
Family and relationships > Children and parentingFamily and relationships > Adoption and guardianshipImmigration and citizenship > VisasImmigration and citizenship > Becoming a citizen
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Schedule 1AAB: Exempt countries, or

"Countries with different adoption rules"

1AATransitional, savings, and related provisions Empowered by s 2A

1Provisions related to Adoption Amendment Act 2025

1Interpretation

  1. In this Part,—

    amendment Act means the Adoption Amendment Act 2025

      first commencement date means the date on which subpart 1 of Part 1 of the amendment Act comes into force

        second commencement date means the date on which subpart 2 of Part 1 of the amendment Act comes into force.

        Notes
        • Schedule 1AA clause 1: inserted, on , by section 9 of the Adoption Amendment Act 2025 (2025 No 49).

        2Adoption application made before first commencement date

        1. This clause applies if an application for an adoption order is made to the court, but not determined, before the first commencement date.

        2. Section 3 as in force immediately before the first commencement date continues to apply in respect of the application as if subpart 1 of Part 1 of the amendment Act had not been enacted.

        Notes
        • Schedule 1AA clause 2: inserted, on , by section 9 of the Adoption Amendment Act 2025 (2025 No 49).

        3Adoption application made between first commencement date and second commencement date

        1. This clause applies if an application for an adoption order is—

        2. made to the court on or after the first commencement date; but
          1. not determined before the second commencement date.

            1. Section 3 as in force immediately before the second commencement date continues to apply in respect of the application as if subpart 2 of Part 1 of the amendment Act had not been enacted.

            Notes
            • Schedule 1AA clause 3: inserted, on , by section 9 of the Adoption Amendment Act 2025 (2025 No 49).

            4Effect of overseas adoption occurring before first commencement date

            1. This clause applies if a person is adopted pursuant to an overseas adoption before the first commencement date.

            2. On and after the first commencement date, the limitation on the effect of the adoption set out in section 17(3)(a) (relating to citizenship of the adopted person) does not apply (even if section 17(4) applies).

            3. On and after the first commencement date, the limitation on the effect of the adoption set out in section 17(3)(b)(i) (relating to visas) does not apply (even if section 17(4) applies) where an application for a visa has been made before the first commencement date.

            4. On and after the first commencement date, the limitation on the effect of the adoption set out in section 17(3)(b)(i) (relating to visas) does apply (if section 17(4) applies) where an application for a visa has been made after the first commencement date and before the second commencement date.

            Notes
            • Schedule 1AA clause 4: inserted, on , by section 9 of the Adoption Amendment Act 2025 (2025 No 49).

            5Effect of overseas adoption occurring between first commencement date and second commencement date

            1. This clause applies if a person is adopted pursuant to an overseas adoption—

            2. on or after the first commencement date; but
              1. before the second commencement date.

                1. On and after the second commencement date, the limitation on the effect of the adoption set out in section 17(3)(a) (relating to citizenship of the adopted person), as in force immediately before the second commencement date, no longer applies (if it applied before the second commencement date).

                2. On and after the second commencement date, the limitation on the effect of the adoption set out in section 17(3)(b)(i) (relating to visas), as in force immediately before the second commencement date, continues to apply (if it applied before the second commencement date) where an application for a visa has been made but not determined before the second commencement date.

                Notes
                • Schedule 1AA clause 5: inserted, on , by section 9 of the Adoption Amendment Act 2025 (2025 No 49).