Source: New Zealand Government

The Government is moving with urgency to suspend recognition of unsafe international adoptions to protect children and young people from harm, Associate Justice Minister, Nicole McKee says.

The Adoption Amendment Bill has been introduced to the House today to immediately and temporarily suspend New Zealand’s recognition of unsafe overseas adoptions for citizenship and immigration purposes.

“There is evidence that our international adoption laws do not provide sufficient safeguards for children and young people. Adoptions that take place in overseas courts do not always access or require an adoptive parent’s criminal or child protection record,” Mrs McKee says.

“We know, for example, about instances in which people with known care and protection histories, or previous convictions for violence or sexual abuse, have been able to adopt overseas.  They have then been able to bring those children and young people back to New Zealand where they have been neglected, abused, or exploited.” 

“For example, Joseph Auga Matamata, who was sentenced to 11 years in 2020, had previous convictions for violence when he adopted three boys from overseas. He withdrew one boy, aged 12, from school, covering his tracks by saying that he had returned to his home country. 

“For a year, the boy was locked up and treated as a domestic servant. He was made to work in the field and often didn’t receive necessary medical care. The other two boys escaped by scaling a tall perimeter fence in the middle of the night.”

“This case is the tip of the iceberg. It is completely unacceptable for our international adoption laws to be used in this way.  This abuse is preventable, and this Government is acting decisively to prevent future harm to children adopted overseas into unsafe situations,” Mrs McKee says.

The law change will immediately and temporarily suspend the recognition of international adoptions under section 17 of the Adoption Act 1955 (the Act) by New Zealand citizens and residents for citizenship and immigration purposes.  It will also restrict the ability of the Family Court to grant adoptions where the adoptive parent or child are overseas under section 3 of the Act.

“The Government is progressing this change under urgency as any delay is unacceptably prolonging the risk to children and young people.  The temporary suspension will provide the time to develop and pass law that ensures international adoptions are safe for the children and young people involved,” Mrs McKee says.

The temporary suspension will expire on a date set by the Governor-General through Order in Council, or on 1 July 2027, whichever is earlier. 

“I intend, however, to introduce a bill for a long-term solution next year. That bill will include an opportunity for members of the public to make submissions to select committee,” Mrs McKee says.

“Both the temporary suspension and the long-term solution are significant cross-agency workstreams, involving the Ministry of Justice, the Ministry of Business, Innovation and Employment, the Department of Internal Affairs, Oranga Tamariki, and the Ministry of Foreign Affairs and Trade.”

“I recognise that the suspension will be disappointing for some families planning to adopt from overseas, most of whom are caring people who adopt with the best of intentions.

“Recognising this, the Government is taking steps to preserve adoption pathways where it has been able to establish that the arrangements for international adoptions are safe.”

“We are exempting countries where I am satisfied that adoption practices sufficiently safeguard children and young people. 

“International surrogacy arrangements will continue to be recognised by the New Zealand Family Court and Ministerial discretion will be able to be exercised in individual cases for citizenship and immigration,” Mrs McKee says.

“More information about the temporary suspension and the exceptions to it can be found on the websites of the Ministry of Justice, Immigration New Zealand, and the Department of Internal Affairs. In all cases I advise families to seek expert legal advice to understand how this will affect their particular circumstances.”

MIL OSI