Entry #123: Same-sex adoption in New Zealand

Current Version

RegionNew Zealand
IssueSame-sex adoption
StatusLegal
Start DateAug 19, 2013
End Datenow
Descriptionlegal for same sex couples
Sourceshttp://www.gaynz.com/articles/publish/2/article_13207.php Court cases: [2010] NZFLR 629 (HC) – [2015] NZFC 9404


Revision History (2)

Revision by Samuel_NOT_Samuele. added

Old Value New Value (Current)
ValueMarried couples onlyLegal
DescriptionOnly for married couples and individuals. Ambiguous for same sex couples who are unmarried (de facto relationship) or in a civil union.

In 2010, the High Court ruled that "two spouses" in the Adoption Act includes a heterosexual de facto couple in a stable and committed relationship. Later, in 2015 the Family Court decided that "two spouses" also included a same-sex de facto couple—but until there is a ruling from the High Court, other Family Court judges aren't bound to follow this decision, causing ambiguity.
legal for same sex couples
Show Difference
Only for married couples and individuals. Ambiguous for same sex couples who are unmarried (de facto relationship) or in a civil union. In 2010, the High Court ruled that "two spouses" in the Adoption Act includes a heterosexual de facto couple in a stable and committed relationship. Later, in 2015 the Family Court decided that "two spouses" also included a same-sex de facto couple—but until there is a ruling from the High Court, other Family Court judges aren't bound to follow this decision, causing ambiguity. legal for same sex couples

Revision by Carolina2k22

Old Value (Original) New Value
ValueLegalMarried couples only
DescriptionOnly for married couples and individuals. Banned still for any couples who are unmarried or in a civil union.Only for married couples and individuals. Ambiguous for same sex couples who are unmarried (de facto relationship) or in a civil union.

In 2010, the High Court ruled that "two spouses" in the Adoption Act includes a heterosexual de facto couple in a stable and committed relationship. Later, in 2015 the Family Court decided that "two spouses" also included a same-sex de facto couple—but until there is a ruling from the High Court, other Family Court judges aren't bound to follow this decision, causing ambiguity.
Show Difference
Only for married couples and individuals. Banned still for any couples who are unmarried or in a civil union. Ambiguous for same sex couples who are unmarried (de facto relationship) or in a civil union. In 2010, the High Court ruled that "two spouses" in the Adoption Act includes a heterosexual de facto couple in a stable and committed relationship. Later, in 2015 the Family Court decided that "two spouses" also included a same-sex de facto couple—but until there is a ruling from the High Court, other Family Court judges aren't bound to follow this decision, causing ambiguity.
Sourceshttp://www.gaynz.com/articles/publish/2/article_13207.phphttp://www.gaynz.com/articles/publish/2/article_13207.php
Court cases: [2010] NZFLR 629 (HC) – [2015] NZFC 9404
Show Difference
http://www.gaynz.com/articles/publish/2/article_13207.php http://www.gaynz.com/articles/publish/2/article_13207.php Court cases: [2010] NZFLR 629 (HC) – [2015] NZFC 9404
Reports (7)
  • Status is not correct "https://www.govt.nz/browse/family-and-whanau/adoption-and-fostering/adopting-a-child/ https://communitylaw.org.nz/community-law-manual/chapter-14-parents-guardians-and-caregivers/adoption/who-can-adopt/ (Unsure of dates) Anyone can adopt (unless in certain circumstances, e.g. a sole male can't adopt a female child unless there are special circumstances, and someone woth a criminal history cannot adopt a child), you can even adopt a child as an individual. The Birth parents will be the major decision factor in deciding who will adopt the child. "
  • Status is not correct "Wikipedia says that “same sex couples in New Zealand are allowed to adopt”, it doesn’t mention they have to be married."
  • Status is not correct "According to ChatGPT, non married same sex couples are allowed to adopt"
  • Status is not correct "since 2013 married same-sex couples have been able to adopt children jointly. Unmarried couples of any sex and couples in a civil union can jointly adopt children following a New Zealand High Court ruling in December 2015 - http://www.radionz.co.nz/news/national/292701/victory-for-same-sex-couples-wanting-to-adopt"
  • Status is not correct "De facto and civil union, heterosexual and homosexual, couples have the same rights as married couples to jointly adopt following to Court decisions (see explanation below). However, any relationship (married, civil union or de facto) involving two men will require "special circumstances" and leave of the Court to adopt a girl under the age of 5 pursuant to s 4(2) of the Adoption Act 1955. De facto relationships (both hetero and homosexual) have been defined as "spouses" for the purposes of s 3(2) of the Adoption Act 1955 in the decisions Re AMM [2010] NZFLR 629 (HC) and Re Pierney [2016] NZFLR 53 (FC). Re Pierney [2016] NZFLR 53 (FC) also arguably extended "spouses" to include civil union partners at [29] of the decision. However, this was in obiter so is of less weight. This now means de facto couples, and arguably civil union partners, have all the same rights as married couples under this act. I note this excludes homosexual men adopting a female child as discussed above - it is unlikely a court would not grant leave in this day and age however."
  • Status is not correct "hello admin please give me shoutout! no home:)"
  • Note field is incorrect "In December 2015 adoption for unmarried couples or couples in a civil union to adopt, including lgbt couples"

vincent created this entry.