New Zealand is moving to overhaul its international adoption and immigration rules following briefings to Immigration Minister Erica Stanford that detailed cases of individuals adopting large numbers of children from overseas. The government introduced a bill in May to mandate that international adoptions from countries not compliant with the Hague Convention must proceed through the Family Court, following a temporary halt on certain recognitions implemented last September.
What prompted the legislative changes?
Briefings provided to Immigration Minister Erica Stanford highlighted significant concerns regarding child welfare, immigration, and citizenship status. One case involved a woman who had adopted 21 children in total, including 10 adopted from overseas after she was investigated by New Zealand Police in 2017 for alleged people trafficking. While police concluded that the evidence gathered at that time did not meet the requirements for a trafficking charge, the interview process revealed that the woman maintained control over all aspects of her children’s lives, including their finances. Immigration New Zealand (INZ) confirmed that the adopted children were expected to hand over their earnings to the adoptive mother. Under section 17 of the Adoption Act, there are no requirements for assessments of suitability of adoptive applicants by child welfare and protection agencies.
How do current immigration rules affect large-scale adoptions?
Current immigration instructions do not place a limit on the number of adopted children a parent can support, provided the legal requirements of section 17 of the Adoption Act are met. In a separate case flagged by INZ, a 39-year-old woman from Kiribati applying for a partnership resident visa had nine adopted children. Officials noted that the couple lived in a two-bedroom flat and had limited financial planning for an 11-person household. Despite these concerns, officials indicated the residence application would likely be approved because the adoptions were legal and met existing requirements. In another instance, a 40-year-old woman from Kiribati submitted nine visa applications for children and young people within four months. She informed officials that some of the children were distant relatives, while others were the children of family friends, and that they would all reside with her and her partner in a six-bedroom home.
What are the expected consequences of the new bill?
The proposed legislative reforms aim to establish two clear pathways for children adopted overseas by New Zealand citizens to obtain citizenship. Associate Justice Minister Nicole McKee stated that the bill clarifies when adoptions would be accepted. The reforms to the system will mean there are two pathways for children adopted overseas by New Zealand citizens to automatically become New Zealand citizens, either under the process in the Hague Convention, or in the New Zealand Family Court. Additionally, officials have signaled they intend to discuss the wider adoption issue with the Kiribati judiciary to address the complexities identified in recent visa applications.
