Entry #123: Same-sex adoption in New Zealand

Current Version

RegionNew Zealand
IssueSame-sex adoption
Start DateAug 19, 2013
End Datenow
DescriptionOnly for married couples and individuals. Banned still for any couples who are unmarried or in a civil union.
Reports (4)
  • 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.

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