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Adopting from New Zealand
(Redirected from New Zealand)
Source: cia.gov.
Source: cia.gov.
Source: cia.gov.
Source: cia.gov.
Source: Wikipedia.org.
Source: Wikipedia.org.
Source: flickr.com.
Source: flickr.com.
Source: Wikipedia.org.
Source: Wikipedia.org.
Source: Wikipedia.org.
Notice: As of July 14, 2014, all individuals and agencies facilitating international adoptions must be in compliance with the Intercountry Universal Accreditation Act.
Contents
Hague Convention Information
New Zealand is party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention). Therefore all adoptions between New Zealand and the United States must meet the requirements of the Convention and U.S. law implementing the Convention. New Zealand is not an intercountry adoption sending country and does not have children available for intercountry adoption in State care. New Zealand will assist with relative adoption inquiries.
New Zealand acceded to the Hague Adoption Convention in 1999. The Adoption (Inter-country) Act of 1997 gives that Convention status in New Zealand. Intercountry adoption in non-Hague countries can be recognized in New Zealand under certain conditions by Section 17 of the Adoption Act of 1955. New Zealand adoption practice is based on the principles outlined in the United Nations Convention on the Rights of the child (UNCRC) and in the Hague Convention. These principles support New Zealand children being adopted within New Zealand before any consideration is given to placing with foreigners overseas.
New Zealand usually requires prospective adoptive parents to be permanent residents of New Zealand.. New Zealand follows the principle of locating permanent families for New Zealand-born children in New Zealand.
If the birth mother selects a specific U.S. citizen as an adoptive parent, an otherwise qualified child will not be able to obtain a U.S. immigrant visa as an orphan unless the mother is the sole or surviving parent and is incapable of providing proper care.
NOTE: Special transition provisions apply to adoptions initiated before April 1, 2008. Learn more.
Who Can Adopt
Adoption between the United States and New Zealand is governed by the Hague Adoption Convention. Therefore to adopt from New Zealand, you must first be found eligible to adopt by the U.S. Government. The U.S. Government agency responsible for making this determination is the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS). Learn more.
In addition to these U.S. requirements for prospective adoptive parents, New Zealand also has the following requirements for prospective adoptive parents:
Residency
As was stated above, New Zealand usually requires applicants to be permanent residents of New Zealand prior to submitting an application to adopt.
Age of Adopting Parents
The legislation requires applicants to have attained a minimum age for one adopting parent to be at least 25 years of age, and should be 20 years older than the child. For a relative/inter-family adoption the minimum age for the adopting parent is 20 years.
Marriage
Both married couples and single people are eligible to adopt. However, a single male may not adopt a female child unless he is the father of the child or there are special circumstances that justify an adoption. The Adoption Act 1955 requires couples submitting a joint adoption application to be married.
Income
Prospective adoptive parents must be able to demonstrate that they are financially able to support a child they seek to adopt.
Other
In addition, the Adoption Act 1955 requires applicants to be "fit and proper," a term that refers to prospective adoptive parents' mental and physical health, police record and ability to provide (including financially) for a child.
Who Can Be Adopted
Because New Zealand is party to the Hague Adoption Convention, children from New Zealand must meet the requirements of the Convention in order to be eligible for adoption. For example, the Convention requires that New Zealand attempt to place a child with a family in New Zealand before determining that a child is eligible for intercountry adoption. In addition to New Zealand's requirements, a child must meet the definition of a Convention adoptee for you to bring him or her back to the United States.
How to Adopt
Adoption Authority
New Zealand's Adoption Authority
Child, Youth & Family (CYF) Ministry of Social Development
The Process
Because New Zealand is party to the Hague Adoption Convention, adopting from New Zealand must follow a specific process designed to meet the Convention's requirements. A brief summary of the Convention adoption process is given below. You must complete these steps in the following order so that your adoption meets all necessary legal requirements.
NOTE: If you filed your I-600a with New Zealand before April 1, 2008, the Hague Adoption Convention may not apply to your adoption. Your adoption could continue to be processed in accordance with the immigration regulations for non-Convention adoptions. Learn more.
- Choose an Accredited Adoption Service Provider
- Apply to be Found Eligible to Adopt
- Be Matched with a Child
- Apply for the Child to be Found Eligible for Immigration to the United States
- Adopt the Child in New Zealand
- Bring your Child Home
1. Choose an Accredited Adoption Service Provider:
The first step in adopting a child from New Zealand is to select an adoption service provider in the United States that has been accredited. Only these agencies and attorneys can provide adoption services between the United States and New Zealand. Learn more.
An adoption in New Zealand can only be effected through CYF. There are no licensed or accredited agencies for local adoptions. For New Zealanders adopting from other countries that are party to the Hague Adoption Convention, there are two accredited agencies that may perform certain functions. The New Zealand Central Authority of CYF does all assessments for domestic and intercountry adoptions by New Zealanders and must approve all placements.
Attorneys are listed in the Yellow Pages of all New Zealand city telephone directories. The U.S. Consulate General in Auckland also maintains a list of attorneys. This is available at: http://wellington.usembassy.gov/lawyerlist.html. The list does not constitute a recommendation of any specific attorneys' services, and the Consulate General cannot make recommendations of attorneys Americans may locate privately. CYF does not supply referrals to attorneys or provide recommendations.
2. Apply to be Found Eligible to Adopt:
After you choose an accredited adoption service provider, you apply to be found eligible to adopt (Form I-800A) by the U.S. Government, Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS). Learn how.
Once the U.S. government determines that you are "eligible" and "suitable" to adopt, you or your agency will forward your information to the adoption authority in New Zealand. New Zealand's adoption authority could review your application to determine whether you are also eligible to adopt under New Zealand law.
3. Be Matched with a Child:
If both the United States and New Zealand determine that you are eligible to adopt, and a child is available for intercountry adoption, the Central Authority in New Zealand may provide you with a referral for a child in the event there were children that became available for intercountry adoption in New Zealand. Each family would need to decide for itself whether or not it will be able to meet the needs of the particular child and provide a permanent family placement for the referred child. However, as New Zealand is not a sending country for intercountry adoption, the Central Authority does not retain intercountry adoption dossiers sent from overseas for non-relative children.
4. Apply for the Child to be Found Eligible for Adoption:
If the New Zealand Central Authority was to ever propose a match of a particular child to you, after you accept the match, you will apply to the U.S Government, Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) for provisional approval to adopt that particular child (Form I-800). USCIS will determine whether the child is eligible under U.S. law to be adopted and enter the United States. Learn how.
After this, your adoption service provider or you will submit a visa application to a Consular Officer at the U.S. Embassy. The Consular Officer will review the child's information and evaluate the child for possible visa inelegibilities. If the Consular Office determines that the child appears eligible to immigrate to the United States, he/she will notify the New Zealand adoption authority (Article 5 letter). For Convention country adoptions, prospective adoptive parent(s) may not proceed with the adoption or obtain custody for the purpose of adoption until this takes place.
Remember: The Consular Officer will make a final decision about the immigrant visa later in the adoption process.
5. Adopt the Child (or Gain Legal Custody) in New Zealand:
Remember: Before you adopt (or gain legal custody of) a child in New Zealand, you must have completed the above four steps. Only after completing these steps, could you proceed to finalize the adoption or grant of custody for the purposes of adoption in New Zealand.
The process for finalizing the adoption (or gaining legal custody) in New Zealand generally includes the following:
- TIME FRAME: For local adoptions by applicants resident in New Zealand the assessment process by CYF usually takes between three and nine months. Applicants then enter a waiting pool from which they can be selected by a birth mother to parent a child. The time spent in the waiting pool can range from one month to many years and there is no guarantee that a placement will be made as it is the birth mother who would select the adoptive applicants from a national pool of approved domestic adoptive applicants, rather than the Central Authority proposing a match. A birth mother is required to sign a release of her child through a lawyer. The birth mother has absolute control over whom she selects to adopt her baby. Once the birth mother has chosen a family, the prospective adoptive parents apply to the court and are given custody of the child. In most circumstances CYF does not take custody of the child. The birth mother cannot sign her consent to adoption before 12 days have passed since the birth of the child. The adopting parents may then apply for an Interim Order from the Court. A Final Order usually takes nine months to be approved. It is only with the express permission of the New Zealand Family Court that a child can leave New Zealand during the Interim Order period as the placement is required by law to be monitored by CYF. CYF is required to provide a report to the Court before a Final Order would be granted. It is important to note that, under U.S. law, if the New Zealand citizen birth mother selects a specific U.S. citizen as an adoptive parent, an otherwise qualified child will not be able to obtain a U.S. immigrant visa as an orphan unless the mother is the sole or surviving parent and is incapable of providing proper care.
- ADOPTION APPLICATION: There are two procedures for local and intercountry adoptions. For local adoptions, prospective adoptive parents are expected to appear in court for the Interim Order hearing and are sometimes requested to be present for the Final Order. There are no special considerations/short cuts for obtaining the adoption through the local system as the process is the same for all applicants. A pitfall to avoid would be trying to influence the outcome. It is illegal to advertise for a child to adopt. It is illegal to pay money in consideration of an adoption and it is illegal to take a child into a home for the purpose of adoption without either a Social Worker Approval or an Interim Order of Adoption. Penalties for breaches of these restrictions include fines and imprisonment. All applications for adoption in New Zealand must be investigated by CYF and their report is submitted to the court. No private practitioners or attorneys can report to the court. Special provisions may apply if it is an inter-family adoption and the families concerned still should apply through CYF. In order to take such a child into the U.S. the relevant requirements of U.S. immigration law on such adoptions must be met.
- ADOPTION FEES: For local adoptions there are no charges by government agencies (CYF and Court) but applicants pay for legal representation at court and this usually costs between NZ$2000 and NZ$4000. In the adoption services contract that you sign at the beginning of the adoption process, your agency will itemize the fees and estimated expenses related to your adoption process.
- DOCUMENTS REQUIRED: People resident in New Zealand who wish to adopt must complete an application form including references, consent to a police check, and a medical report. In the very rare case where a United States citizen is adopting in New Zealand (e.g., a relative of a child who needs adoption and cannot be placed with a relative in New Zealand), the process will be the same as for a local New Zealand adoption. The applicants will need to be assessed (including a home study) by an American equivalent of a CYF social worker in the United States. NOTE: Additional documents may be requested. If you are asked to provide proof that a document from the United States is authentic, we can help. Learn how.
6. Bringing Your Child Home:
Now that your adoption is complete, there are a few more steps to take before you can head home. Specifically, you need to apply for three documents for your child before he or she can travel to the United States:
- 1. Birth Certificate
You will first need to apply for a new birth certificate for your child, so that you can later apply for a passport. Your name will be added to the new birth certificate.
- 2. New Zealand Passport
Your child is not yet a U.S. citizen, so he/she will need a travel document or Passport from New Zealand.
- 3. U.S. Immigrant Visa
After you obtain the new birth certificate and passport for your child, you also need to apply for an U.S. visa from the United States Embassy for your child. After the adoption (or custody for purpose of adoption) is granted, visit the U.S Embassy for final review and approval of the child's I-800 petition and to obtain a visa for the child. This immigrant visa allows your child to travel home with you. As part of this process, the Consular Officer must be provided the "Panel Physician's" medical report on the child if it was not provided during the provisional approval stage.
Prospective adoptive parents of New Zealand citizen children should contact the U.S. Consulate General at the below address and telephone number prior to initiating an adoption in New Zealand. U.S. immigration law includes strict requirements and definitions that may not always correspond exactly to New Zealand's laws and regulations, and it is important that both the adopting family and the child meet both countries' laws.
NOTE: Once the Consulate General has approved an immigrant visa, it usually takes a minimum of 24 hours for the visa to be processed and issued to the family.
Child Citizenship Act
For adoptions finalized abroad: The Child Citizenship Act of 2000 allows your child to acquire American citizenship when he or she enters the United States as lawful permanent residents.
For adoptions to be finalized in the United States: The Child Citizenship Act of 2000 allows your child to typically acquire American citizenship when the U.S. state court issues the final adoption decree. We urge your family to finalize the adoption in a U.S. State court as quickly as possible.
Please be aware that if your child did not qualify to become a citizen upon entry to the United States, it is very important that you take the steps necessary so that your child does qualify as soon as possible. Failure to obtain citizenship for your child can impact many areas of his/her life including family travel, eligibility for education and education grants, and voting.
Learn more about the Child Citizenship Act.
Traveling Abroad
Applying for Your U.S. Passport
A valid U.S. passport is required to enter and leave New Zealand. Only the U.S. Department of State has the authority to grant, issue, or verify U.S. passports. Getting or renewing a passport is easy. The Passport Application Wizard will help you determine which passport form you need, help you to complete the form online, estimate your payment, and generate the form for you to print-all in one place.
Obtaining Your Visa
In addition to a U.S. passport, you also need to obtain a visa. A visa is an official document issued by a foreign country that formally allows you to visit. Where required, visas are attached to your passport and allow you to enter a foreign nation. To find information about obtaining a visa for New Zealand, see the Department of State's Country Specific Information.
Staying Safe on Your Trip
Before you travel, it's always a good practice to investigate the local conditions, laws, political landscape, and culture of the country. The State Department is a good place to start. The Department of State provides Country Specific Information for every country of the world about various issues, including the health conditions, crime, unusual currency or entry requirements, and any areas of instability.
Staying in Touch on Your Trip
When traveling during the adoption process, we encourage you to register your trip with the Department of State. Travel registration makes it possible to contact you if necessary. Whether there's a family emergency in the United States, or a crisis in New Zealand, registration assists the U.S. Embassy or Consulate in reaching you. Registration is free and can be done online.
After Adoption
What resources are available to assist families after the adoption?
Many adoptive parents find it important to find support after the adoption. Take advantage of all the resources available to your family -- whether it's another adoptive family, a support group, an advocacy organization, or your religious or community services.
Here are some good places to start your support group search:
Child Welfare Information Gateway
North American Council on Adoptable Children
Adoption Services Support Group for Adopting Persons
Contact Information
U.S. Consulate General in Auckland
American Consulate General, 3rd floor, Citibank Bldg., 23 Customs Street East, Auckland 1010 Tel: Immigrant Visa Section - (64-9) 303-2724 ext. 2810
New Zealand's Adoption Authority
Child, Youth & Family (CYF) Ministry of Social Development P.O. Box 2620 Wellington 6011 New Zealand Email for Adoption Inquiries: webadoption@cyf.govt.nz Internet: CYF
Embassy and Consulate of New Zealand
New Zealand Embassy 37 Observatory Circle NW Washington DC 20008 Tel: (202) 328-4848 Email: nz@nzemb.org
New Zealand Consulate General
Suite 1150, 12400 Wilshire Blvd. Los Angeles, CA 90025 Tel: (310) 207-1145 Email:nzcg.la@verizon.net
Office of Children's Issues
U.S. Department of State CA/OCS/CI SA-17, 9th Floor Washington, DC 20522-1709 Tel: 1-888-407-4747 E-mail: AskCI@state.gov or Adoption USCA@state.gov Internet: U.S. Department of State
U.S. Citizenship and Immigration Services (USCIS)
For questions about immigration procedures, call the National Customer Service Center (NCSC) 1-800-375-5283 (TTY 1-800-767-1833)
SOURCE
Intercountry Adoption, Bureau of Consular Affairs. U.S. Department of State Country Information[1]