DISCLAIMER: The following is intended as a very general guide to assist U.S. citizens who plan to adopt a child from a foreign country and apply for an immigrant visa for the child to come to the United States. Two sets of laws are particularly relevant: 1) the laws of the child’s country of birth govern all activity in that country including the adoptability of individual children as well as the adoption of children in country in general; and 2) U.S. Federal immigration law governs the immigration of the child to the United States.

The information in this flyer relating to the legal requirements of specific foreign countries is based on public sources and our current understanding. It does not necessarily reflect the actual state of the laws of a child’s country of birth and is provided for general information only. Moreover, U.S. immigration law, including regulations and interpretation, changes from time to time. This flyer reflects our current understanding of the law as of this date and is not legally authoritative. Questions involving foreign and U.S. immigration laws and legal interpretation should be addressed respectively to qualified foreign or U.S. legal counsel.

Prospective adoptive parents are advised to fully research any adoption agency or facilitator they plan to use for adoption services.  For U.S.-based agencies, it is suggested that prospective adoptive parents contact the Better Business Bureau and/or the licensing office of the appropriate state government agency in the U.S. state where the agency is located or licensed. 

PATTERNS OF IMMIGRATION OF ADOPTED ORPHANS TO THE U.S.: Recent U.S. immigrant visa statistics indicate that no orphans from New Zealand have received U.S. immigrant visas during the past five years.

Department of Child, Youth & Family Services (CYF)
Adoption Information Services Unit (AISU)
P.O. Box 2620
Wellington, New Zealand

Web site:  www.cyf.govt.nz
E-Mail for Adoption Inquiries:  webadoption@cyf.govt.nz

ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS:   Adoptions in New Zealand occur under the Adoptions Act of 1955 and the Adoptions (Intercountry) Act of 1997.  This legislation is available at www.legislation.co.nz.  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 adopting parent is 20 years.  Both married couples and single people are eligible to adopt.  However, unmarried couples (whether opposite-sex or same-sex) are not permitted to jointly adopt a child in New Zealand.  In addition, the Adoption act 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.

RESIDENCY REQUIREMENTS:   As was stated above, New Zealand usually requires applicants to be permanent residents of New Zealand and to have lived in New Zealand for the last two years prior to submitting an application to adopt.

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.  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 the NZCYF do not take custody of the child.  The birth mother has one month to confirm her selection of the adopting parents, then the adopting parents apply for an interim order from the Court .  A final Order usually takes nine months to be approved. 

ADOPTION AGENCIES AND ATTORNEYS:   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 Child, Youth & Family Services does all assessments for 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.  However, CYF may be able to supply referrals.

Please seeImportant Notice Regarding Adoption Agents and Facilitators at the U.S. Department of State, Bureau of Consular Affairs  web site travel.state.gov.

ADOPTION FEES IN COUNTRY:   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.  [As of the date of this flyer, the exchange rate is approximately NZ$1.41 to US$1.]

ADOPTION PROCEDURES:   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 NZCYF 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 NZCYF.  In order take such a child into the U.S. the relevant requirements of U.S. immigration law on such adoptions must be met.

DOCUMENTS REQUIRED FOR ADOPTION IN NEW ZEALAND:    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 be assessed (including a home study) by a CYF social worker or by an American equivalent in the United States. 

HAGUE CONVENTION ON INTERCOUNTRY ADOPTION:   New Zealand permits intercountry adoptions from both Hague and non-Hague countries.  New Zealand acceded to the Hague Convention on Protection of Children and Co-operation in Respect of Inter-Country Adoption 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’s being adopted within New Zealand before any consideration is given to placing with foreigners overseas.

AUTHENTICATING U.S. DOCUMENTS TO BE USED ABROAD:   The language describing the process of authenticating U.S. documents to be used abroad is currently under review. Please click on the following link for more information until the new language is finalized: http://www.state.gov/m/a/auth/.

New Zealand Embassy   
37 Observatory Circle NW   
Washington DC 20008 
Ph: (202) 328-4848 
email: nz@nzemb.org  

New Zealand Consulate General
Suite 1150, 12400 Wilshire Blvd.
Los Angeles, CA 90025    
Ph: (310) 207-1145 
email:nzcg.la@verizon.net

U.S. IMMIGRATION REQUIREMENTS:  Prospective adoptive parents are strongly encouraged to consult USCIS publication M-249, The Immigration of Adopted and Prospective Adopting Children, as well as the Department of State publication,International Adoptions. The USCIS publication is available at the USCIS Web site. The Department of State publication International Adoption can be found on the Bureau of Consular Affairs web site, travel.state.gov, under “International Adoption.”

Before completing an adoption abroad, prospective adoptive parents are strongly encouraged to read the requirements for filing Form I-600 Petition to Classify Orphan as an Immediate Relative.  Please see the flyer “How Can Adopted Children Come to the United States” at the U.S. Department of State, Bureau of Consular Affairs web site travel.state.gov .

APPLYING FOR AN IMMIGRANT VISA FOR AN ADOPTED CHILD AT THE U.S. CONSULATE GENERAL IN AUCKLAND:   Americans living or traveling abroad are encouraged to register with the nearest U.S. Embassy or Consulate through the State Department’s travel registration website, https://travelregistration.state.gov/, and to obtain updated information on travel and security within the country of travel.  Americans without Internet access may register directly with the nearest U.S. Embassy or Consulate.  By registering, American citizens make it easier for the Embassy or Consulate to contact them in case of emergency.  The Consular Section is located at:

American Consulate General, 3rd floor,
Citibank Bldg., 23 Customs Street East, Auckland 1
Ph: Immigrant Visa Section  - (64-9) 303-2724 ext. 2810

Prospective adoptive parents of New Zealand citizen children should contact the U.S. Consulate General at the above 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.

ACQUIRING U.S. CITIZENSHIP: The language describing the acquisition of U.S. citizenship for adopted children is currently under review. Until the new language is finalized, please click on the following link for further information: http://travel.state.gov/family/adoption/info/info_457.html.

ADDITIONAL INFORMATION: Specific questions about adoption in New Zealand may be addressed to the U.S. Consulate General in Auckland. General questions regarding intercountry adoption may be addressed to the Office of Children’s Issues, U.S. Department of State, CA/OCS/CI, SA-29, 4th Floor, 2201 C Street, NW, Washington, D.C. 20520-4818, toll-free Tel: 1-888-407-4747.

Useful information is also available from several other sources:

Telephone:
• Toll Free - For information on intercountry adoption and international parental child abduction, call Overseas Citizens Services at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Standard Time, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444.
• U.S. Department of State Visa Office - recorded information concerning immigrant visas for adopting children, (202) 663-1225.
• U.S. Citizenship and Immigration Services - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).

Internet :
• Adoption Information Flyers: The U.S. Department of State, Bureau of Consular Affairs web site at: http://travel.state.gov/ contains intercountry adoption information flyers like this one and the International Adoptions brochure.
• Country Specific Information: The State Department has general information about hiring a foreign attorney and authenticating documents that may supplement the country-specific information provided in this flier. In addition, the State Department publishes Country Specific Information for every country in the world, providing information such as location of the U.S. Embassy, health conditions, political situations, and crime reports. If the situation in a country poses a specific threat to the safety and security of American citizens that is not addressed in the Country Specific Information for that country, the State Department may issue a Travel Alert alerting U.S. citizens to local security situations. If conditions in a country are sufficiently serious, the State Department may issue a Travel Warning recommending that U.S. citizens avoid traveling to that country. These documents are available on the Internet at: http://travel.state.gov/ or by calling the State Department's Office of Overseas Citizen Services Toll Free at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444.
• USCIS web site - http://uscis.gov/.