New Zealand revises immigration pathway for internationally adopted children

The New Zealand government is set to implement new adoption rules. These rules will impact visa and citizenship applications for children adopted from overseas. Most international adoptions by New Zealand citizens may not be recognised. This affec...

Agencies
The New Zealand Government has announced interim changes to adoption rules that will affect visa and citizenship applications for children adopted overseas. Under the new measures, most international adoptions by New Zealand citizens and residents will no longer be recognised for immigration and citizenship purposes.

The changes will take effect once the Adoption Amendment Bill receives Royal Assent. At that point, section 17 of the Adoption Act 1955 will be suspended for immigration and citizenship matters.

This means overseas adoptions carried out under the laws of another country will not be recognised unless the adoption occurred in an exempt country. Children adopted from non-exempt countries will not qualify for residence or visitor visas on the basis of their parent-child relationship with a New Zealand citizen or resident.


Officials said the measures are intended to reduce the immediate risk of harm to children and young people who may be adopted through international pathways. The suspension will remain in place while the Government conducts a targeted review of legislation and policy.

Who is affected and what changes
The changes apply only to New Zealand citizens and residents who have adopted children internationally and are applying for a visa or citizenship for those children.

  • New visa applications for adopted children are expected to be declined if the adoption took place in a non-exempt country outside the Hague Convention list.
  • Applications already lodged will continue to be processed, even if the adoption is from a non-exempt country.
Non-New Zealand citizens or residents can still include adopted children in visa applications based on the parent-child relationship. For example, a migrant family applying for residence or a family applying for a visitor visa can include an adopted child, even if the adoption took place in a non-exempt country.
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Authorities advised affected families to check the list of exempt countries and explore alternative visa pathways. More details are available through the Ministry of Justice’s Adoption Law Reform page.

List of exempt countries

S.No Exempt country
1 Albania
2 Andorra
3 Armenia
4 Australia
5 Austria
6 Azerbaijan
7 Belgium
8 Belize
9 Botswana
10 Brazil
11 Bulgaria
12 Cabo Verde
13 Canada
14 Chile
15 China
16 Colombia
17 Costa Rica
18 Côte d’Ivoire
19 Croatia
20 Cuba
21 Cyprus
22 Czechia
23 Denmark
24 Dominican Republic
25 Ecuador
26 El Salvador
27 Estonia
28 Fiji
29 Finland
30 France
31 Germany
32 Greece
33 Guyana
34 Honduras
35 Hungary
36 Iceland
37 India (if the adoption is not made under the Hindu Adoptions and Maintenance Act 1956)
38 Ireland
39 Israel
40 Italy
41 Kazakhstan
42 Kingdom of the Netherlands
43 Kyrgyzstan
44 Latvia
45 Liechtenstein
46 Lithuania
47 Luxembourg
48 Madagascar
49 Malta
50 Mauritius
51 Mexico
52 Monaco
53 Mongolia
54 Montenegro
55 Namibia
56 North Macedonia
57 Norway
58 Panama
59 Peru
60 Philippines
61 Plurinational State of Bolivia
62 Poland
63 Portugal
64 Republic of Korea
65 Republic of Moldova
66 Romania
67 Saint Kitts and Nevis
68 San Marino
69 Senegal
70 Serbia
71 Seychelles
72 Slovakia
73 Slovenia
74 South Africa
75 Spain
76 Sri Lanka
77 Sweden
78 Switzerland
79 Thailand
80 Togo
81 Tonga
82 Türkiye
83 United Kingdom of Great Britain and Northern Ireland
84 United States of America
85 Uruguay
86 Zambia

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