Overseas Adoptions Legislation Bill

Overseas Adoptions Legislation Bill EXPLANATORY NOTE GENERAL POLICY STATEMENT The Overseas Adoptions Legislation Bill (the Bill ) is an omnibus Bill introduced under Standing Order 267(1)(a). Standing Order 267(1)(a) provides that an omnibus Bill to amend more than 1 Act may be introduced if the amendments deal with an interrelated topic that can be regarded as implementing a single broad policy. The interrelated topic and single broad policy objective of this Bill is to establish an enduring system for international and overseas adoptions that— supports the well-being and best interests of adopted persons: aligns with New Zealand’s international obligations: upholds the integrity of New Zealand’s immigration and citizenship systems. The Bill replaces the temporary changes made to the Adoption Act 1955 by the Adoption Amendment Act 2025 on 18 September 2025 and repeals the latter Act. Prior to those changes, New Zealand’s adoption legislation lacked safeguards, which led to some adopted children and young people experiencing serious harm, including exploitation and abuse. There was also evidence that overseas adoptions posed risks to the integrity of New Zealand’s immigration system. The Bill sets out the circumstances in which an application for an adoption order may be made to the Family Court. An application for an adoption order may be made if a Family Court Associate or Judge is satisfied that— the applicants and the child are ordinarily resident in New Zealand; or at least one of the applicants or the child is ordinarily resident in New Zealand, there are exceptional circumstances, and the application will promote the child’s welfare and best interests. An application for an adoption order may also be made to the Family Court if the adoption is to formalise a legally valid international surrogacy arrangement. The Bill limits the effect, in New Zealand, of an overseas adoption that is not an adoption under the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (the Hague Convention ). The limitations relate to citizenship under the Citizenship Act 1977 and the grant of visas and entry permissions under the Immigration Act 2009. In relation to citizenship, an adopted person will only be a New Zealand citizen as a result of the adoption if they meet the requirements of the Citizenship Act 1977 and they are adopted under the Hague Convention or they are the subject of an adoption order made in the New Zealand Family Court. Once in New Zealand an adopted person may be able to apply for citizenship by grant, as set out in the Citizenship Act 1977. In relation to visas and entry permissions, the Bill provides that persons adopted under an overseas adoption may be granted a visa or entry permission if— the adopting parents have been ordinarily resident in a country other than New Zealand for at least 12 months prior to the adoption and the primary purpose for residing in that other country was not related to adopting a child; or the overseas adoption took place in a designated country when the adopting parents were ordinarily resident in New Zealand. The Bill creates a power for the Governor-General, on the recommendation of the Minister of Justice, to designate a country by Order in Council. Before making a recommendation, the Minister of Justice must consult with certain other Ministers and be satisfied that the country’s regulatory regime (including any agreements between New Zealand and that country in respect of adoption) provides sufficient safeguards to prevent harm to adopted persons. DEPARTMENTAL DISCLOSURE STATEMENT The Ministry of Justice is required to prepare a disclosure statement to assist with the scrutiny of this Bill. The disclosure statement provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill. A copy of the statement can be found at http://legislation.govt.nz/disclosure.aspx?type=bill&subtype=government&year=2026&no=307 REGULATORY IMPACT STATEMENT The Ministry of Justice produced a regulatory impact statement on 12 November 2025 to help inform the main policy decisions taken by the Government relating to the contents of this Bill. A copy of this regulatory impact statement can be found at— https://www.justice.govt.nz/justice-sector-policy/regulatory-stewardship/regulatory-impact-assessments/ https://www.regulation.govt.nz/our-work/regulatory-impact-statements/ CLAUSE BY CLAUSE ANALYSIS Clause 1 is the Title clause. Clause 2 is the commencement clause. It provides that the Bill comes into force on 1 May 2027. AMENDMENTS TO ADOPTION ACT 1955 Clause 3 provides that Part 1 amends the Adoption Act 1955 (the principal Act ). Clause 4 makes the following amendments to the interpretation provision in section 2 of the principal Act: definitions of adopted person, adopting parent, country, international surrogacy arrangement, and ordinarily resident are inserted in section 2(1): the definition of overseas adoption is replaced: the definitions of exempt country and prescribed overseas country are repealed, as these terms are no longer used in the principal Act: section 2(2) is amended so that documents purporting to be the original or a certified copy of an overseas adoption need not be regarded as sufficient evidence of the adoption and its validity: new section 2(3) is inserted to define ordinarily resident (used in new section 3AAA in the context of ordinarily resident in New Zealand and in new section 17(3)(b) in the context of ordinarily resident in a country outside New Zealand). Clause 5 inserts new sections 3AAA and 3AAB into the principal Act. New section 3AAA sets out the grounds on which an application for an adoption order may be made. It provides that an application for an adoption order may be made on 1 of the following grounds: a Family Court Associate or Judge is satisfied that the applicant (or both applicants in the case of a joint application) and the child are ordinarily resident in New Zealand: a Family Court Associate or Judge is satisfied that the applicant (or one of the applicants in the case of a joint application) or the child is ordinarily resident in New Zealand and— there are exceptional circumstances; and the welfare and best interests of the child will be promoted by the application: a Judge is satisfied that the need for the adoption arises because of an international surrogacy arrangement that was entered into and carried out in accordance with all applicable laws (if any) of— the country in which the surrogacy arrangement was entered into (if not New Zealand): the country in which an AHR procedure (as defined in section 15 of the Status of Children Act 1969) was performed in conjunction with the surrogacy arrangement (if not New Zealand): the country in which the child was born (if not New Zealand). Those grounds are similar to those currently in section 3(1A) of the principal Act. The substantive difference is that the ground relating to exceptional circumstances now requires one of the applicants or the child to be ordinarily resident in New Zealand. When determining whether exceptional circumstances exist, a Family Court Associate or Judge must consider certain matters, including— whether appropriate arrangements for the care of the child can be made by members of the child’s family in any other country; and whether the applicant, or one of the applicants, has a genetic or other familial link to the child. A Family Court Associate or Judge may direct the chief executive of Oranga Tamariki—Ministry for Children to prepare a report to assist with determining the ordinary place of residence of the applicants and the child, and to assist with their consideration of whether exceptional circumstances exist and whether the application promotes the welfare and interests of the child. New section 3AAB is about DNA testing and applies if an applicant for an adoption order, applying under new section 3AAA(1)(a)(ii) or (b) , alleges they have a genetic link to the child who is the subject of the application. The court may recommend that the applicant arrange for DNA testing to be undertaken by providers meeting prescribed requirements and for a report to be submitted to the court setting out prescribed information. If a report containing prescribed information states that the results of DNA testing carried out by a provider establish a genetic link between an applicant and the child, that is conclusive evidence of that fact. Clause 6 repeals section 3(1A) of the principal Act, as the grounds for making an application for an adoption order are now in new section 3AAA . Section 3(4) of the principal Act is also repealed, as section 2 of the principal Act now includes a definition for ordinarily resident in relation to a country ( see clause 4 ). Section 3 now deals with the making of adoption orders (and new section 3AAA with making applications for adoption orders). Clause 7 amends section 10 of the principal Act to clarify that the report required under this section before an adoption order is made is additional to any report that may be prepared in accordance with a direction made under new section 3AAA(3) . Clause 8 amends section 17 of the principal Act, which recognises adoptions made in overseas countries. Section 17 does not, however, apply to adoptions that occur under the framework of the Hague Convention. This is because the Hague Convention affords a separate pathway for recognising overseas adoptions. Section 17(2) is replaced with a new provision that is substantively the same and provides that, for all purposes of all New Zealand legislation, an overseas adoption has the same effect as an adoption order made under the principal Act. Section 17(3) and (4) is replaced with new subsection (3) , which provides that— overseas adoptions have no effect for citizenship purposes, so that an adopted person will not, as a result of the adoption, be able to acquire citizenship by descent under the Citizenship Act 1977 (and could only acquire citizenship by birth if they are deemed a child of a New Zealand citizen under section 3(2)(aa) of the Citizenship Act (having been legally adopted by a New Zealand citizen in Niue, Tokelau, or the Cook Islands) and the requirements in section 6(1) of that Act are satisfied); and an adopted person cannot, as a result of the adoption, be granted a visa or entry permission under the Immigration Act 2009 unless— the adopting parent or adopting parents were ordinarily resident in a country outside New Zealand for a period of 12 months or more before the date of the adoption for a primary purpose not related to the adoption of a person; or the adoption took place in a designated country when the adopting parent or adopting parents were ordinarily resident in New Zealand. A designated country is a country designated by the Governor-General by Order in Council under new section 17A (inserted by clause 9 ). Clause 9 inserts new section 17A into the principal Act, which is an empowering provision for making Orders in Council designating countries for the purposes of new section 17(3)(b)(ii) . Orders in Council are made on the recommendation of the Minister of Justice after consultation with the Minister for Children and the Ministers of Foreign Affairs, Immigration, and Internal Affairs. Before making a recommendation, the Minister of Justice must also be satisfied of certain specified matters. Clause 10 repeals section 27E of the principal Act, which affords a power to amend Schedule 1AAB of the principal Act by Order in Council. Schedule 1AAB is being repealed ( see clause 12 ) and so section 27E is no longer required. Clause 11 amends Schedule 1AA of the principal Act, which sets out transitional, savings, and related provisions. As a result of the amendments to sections 3 and 17 of the principal Act, the 3 substantive transitional provisions set out in Schedule 1 of the Bill are inserted. The first substantive provision relates to section 3 of the principal Act. If an application for an adoption order is made, but not determined, before the Bill comes into force (the commencement date ), section 3 as in force immediately before the commencement date continues to apply to the application as if the Bill had not been enacted. The second substantive provision concerns the limitation imposed on overseas adoptions by section 17(3)(a) of the principal Act, which relates to acquiring New Zealand citizenship by descent (the citizenship limitation ). If, before the commencement date, an overseas adoption was not subject to the citizenship limitation, the overseas adoption is also not subject to the citizenship limitation in new section 17(3)(a) of the principal Act (inserted by clause 8(1) ). The third substantive provision concerns the limitation imposed on overseas adoptions by section 17(3)(b) of the principal Act, which relates to granting visa applications (the visa limitation ). If a person was adopted overseas before the commencement date and the visa limitation did not impose any limitation on the adopted person being granted a visa under the Immigration Act 2009, any such application made before the commencement date is to be determined as if the Bill had not been enacted. Clause 12 repeals Schedule 1AAB of the principal Act, which lists exempt countries for the purposes of existing section 17(4). As a consequence of the repeal of that provision ( see clause 8 ), Schedule 1AAB is no longer required. AMENDMENTS TO AND REPEAL OF OTHER LEGISLATION AMENDMENTS TO CITIZENSHIP ACT 1977 Clause 13 provides that subpart 1 of Part 2 of the Bill amends the Citizenship Act 1977 (the principal Act ). Clause 14 repeals section 3(2)(b) of the principal Act. The effect of the repeal of section 3(2)(b) is that a child under the age of 14 years who is adopted pursuant to an overseas adoption (recognised by section 17 of the Adoption Act 1955) by a New Zealand citizen is not deemed to be the child of a New Zealand citizen. Clause 15 repeals section 7(1A) of the principal Act as a consequence of the repeal of section 3(2)(b) of the principal Act ( see clause 14 ). As a child under the age 14 years who is adopted pursuant to an overseas adoption (recognised by section 17 of the Adoption Act 1955) is not deemed to be the child of a New Zealand citizen, the child cannot, under section 7(1) of the principal Act, acquire New Zealand citizenship by descent. The exception in section 7(1A) to section 7(1) is therefore not required. Clause 16 inserts into the principal Act new Part 3 of Schedule 1AA , which contains transitional, savings, and related provisions. New Part 3 contains transitional provisions for persons who, before the date on which the Bill comes into force (the commencement date ), were adopted pursuant to an overseas adoption that was recognised under section 17 of the Adoption Act 1955. For adopted persons who acquired New Zealand citizenship by descent by virtue of sections 3(2)(b) and 7(1) of the principal Act (because their adopting parent or adopting parents were New Zealand citizens by birth or by grant) their citizenship status remains unchanged on and after the commencement date. For adopted persons who did not acquire New Zealand citizenship by descent by virtue of sections 3(2)(b) and 7(1) of the principal Act before the commencement date (because their adopting parent was not a New Zealand citizen by birth or grant, or neither of their adopting parents were New Zealand citizens by birth or grant), the repeal of section 3(2) of the principal Act does not affect the ability of the adopted person to apply under section 9(2)(b) of the principal Act for New Zealand citizenship by grant. Under section 9(2)(b) of the principal Act an adopted person may apply for a grant of citizenship if at the time of their adoption one of their adoptive parents was a New Zealand citizen by descent. Accordingly, the Bill does not affect— any grant of citizenship authorised under section 9(2)(b) of the principal Act before the commencement date; or the consideration of an application made under section 9(2)(b) of the principal Act but not determined before the commencement date; or the making of an application under section 9(2)(b) of the principal Act after the commencement date that could have been made before the commencement date. AMENDMENTS TO FAMILY COURT RULES 2002 Clause 17 provides that subpart 2 of Part 2 of the Bill amends the Family Court Rules 2002 (the principal rules ). Clause 18 amends rule 22 of the principal rules. Rule 22 is a signpost provision that, in respect of certain family law Acts, refers to other rules that require documents to be filed when making an application, or to be filed before the hearing of an application. Rule 22(a), which relates to the Adoption Act 1955, is replaced so that a reference to rule 244 (as amended by clause 23 ) is included. Clause 19 amends rule 62 of the principal rules to refer to the requirement in rule 244 to use the form approved by the Secretary for Justice under new rule 62AC for an affidavit in support of an application for an adoption order ( see clause 20 ). Clause 20 inserts into the principal rules new rule 62AC , which provides for the Secretary for Justice to approve the form of the affidavit to be filed with an application for an adoption order made under the Adoption Act 1955. Clause 21 amends rule 240 of the principal rules to insert a definition of approved form. Rule 240 is the interpretation provision of the principal rules for the provisions relating to proceedings under the Adoption Act 1955. Clause 22 amends rule 241 of the principal rules. Rule 241(1) provides that the forms in Schedule 2 of the principal rules must be used in proceedings under the Adoption Act 1955. The effect of the amendment is to exclude from this provision the form for the affidavit to be filed with an application for an adoption order. The latter is an approved form ( see new rule 62AC inserted by clause 20 ). Clause 23 amends rule 244 of the principal rules to require an affidavit in support of an application for an adoption order to accompany the application. Currently, an affidavit in support can be filed at any time before the hearing of the application. This amendment is made because rule 244 is also amended to require the affidavit to include evidence supporting the ground on which the application is made and this information is required by the court when the application is filed. Applicants must use the form of an affidavit in support approved by the Secretary for Justice. Clause 24 amends Schedule 1AA of the principal rules, which sets out transitional, savings, and related provisions. As a result of the repeal of section 3(1A) and (4) of the Adoption Act 1955 and the insertion of new section 3AAA into that Act, a transitional provision is inserted into Schedule 1AA of the principal rules to preserve the status quo for adoption applications filed in the Family Court before the Bill comes into force. Clause 25 amends Schedule 2 of the principal rules to align form A 3 (application for adoption order) with the grounds on which an adoption application may be made that are set out in new section 3AAA of the Adoption Act 1955. AMENDMENTS TO ADOPTION REGULATIONS 1959 Clause 26 provides that subpart 3 of Part 2 of the Bill amends the Adoption Regulations 1959 (the principal regulations ). Clause 27 inserts new regulation 2A into the principal regulations. New regulation 2A gives effect to the transitional, savings, and related provisions that are set out in new Schedule 1AA of the principal regulations (inserted by clause 29 ). Clause 28 amends regulation 8 of the principal regulations to require an affidavit in support of an application for an adoption order to accompany the application. Currently, an affidavit in support can be filed at any time before the hearing of the application. This amendment is made because regulation 8 is also amended to require the affidavit to include evidence supporting the ground on which the application is made and this information is required by the court when the application is filed. The amendments to regulation 8 are similar to the amendments to rule 244 of the Family Court Rules 2002 ( see clause 23 ). Clause 29 inserts new Schedule 1AA into the principal regulations, which sets out transitional, savings, and related provisions. As a result of the repeal of section 3(1A) and (4) of the Adoption Act 1955 and the insertion of new section 3AAA into that Act, a transitional provision is required to preserve the status quo for adoption applications filed in the District Court before the Bill comes into force. Clause 30 amends the Schedule of the principal regulations to align form 1 (application for adoption order) with the grounds on which an adoption application may be made that are set out in new section 3AAA of the Adoption Act 1955. REPEAL OF ADOPTION AMENDMENT ACT 2025 Clause 31 repeals the Adoption Amendment Act 2025 so that the provisions in subpart 2 of Part 1 and subpart 2 of Part 2 of that Act do not come into force. The Bill is intended to supersede those provisions. The Parliament of New Zealand enacts as follows: 1 Title This Act is the Overseas Adoptions Legislation Act 2026 . 2 Commencement This Act comes into force on 1 May 2027 . 3 Principal Act This Part amends the Adoption Act 1955. 4 Section 2 amended (Interpretation) In section 2(1), insert in their appropriate alphabetical order: adopted person , in relation to an overseas adoption, means a person who is adopted pursuant to the overseas adoption adopting parent means a person who adopts another person pursuant to an overseas adoption country includes any State, territory, province, or other part of a country international surrogacy arrangement means a surrogacy arrangement in which some or all of the parties to the arrangement reside outside New Zealand (in the same or different countries) ordinarily resident has the meaning given to it by subsection (3) In section 2(1), replace the definition of overseas adoption with: overseas adoption means an adoption, in any place outside New Zealand, that— a was in accordance with the law of that place and is legally valid; and b creates a legal parent–child relationship between the adopting parent (or adopting parents) and the adopted person; and c affords to the adopting parent (or adopting parents) greater responsibilities, rights, and duties in respect of the adopted person than the birth parents (or would have done if the adopted person was a young adopted person) In section 2(1), repeal the definitions of— a exempt country ; and b prescribed overseas country . In section 2(2), replace is, in the absence of proof with may, in the absence of proof . After section 2(2), insert: 3 For the purposes of this Act, a person is to be treated as ordinarily resident in a country if the person is lawfully residing in the country and— a the person has a permanent place of residence in the country; or b the person intends to reside in the country indefinitely. Guidance note A person’s intention to reside in a country indefinitely may be demonstrated by the extent of the person’s— a economic ties to the country (for example, whether they have employment in the country); and b social ties to the country (for example, whether they have family connections, or participate in community organisations or groups, in the country). 5 New sections 3AAA and 3AAB inserted Before section 3, insert: 3AAA Applications for adoption orders 1 An application for an adoption order in respect of a child may be made only if— a a Family Court Associate or Judge is satisfied that— i the applicant (or both applicants in the case of a joint application) and the child are ordinarily resident in New Zealand; or ii the applicant (or one of the applicants in the case of a joint application) or the child is ordinarily resident in New Zealand and— A there are exceptional circumstances; and B the welfare and best interests of the child will be promoted by the making of the application; or b a Judge is satisfied that the need for the adoption arises because of an international surrogacy arrangement that was entered into and carried out in accordance with all applicable laws (if any) of— i the country in which the surrogacy arrangement was entered into (if not New Zealand): ii the country in which an AHR procedure was performed in conjunction with the surrogacy arrangement (if not New Zealand): iii the country in which the child was born (if not New Zealand). 2 When determining whether there are exceptional circumstances for the purposes of subsection (1)(a)(ii)(A) , the matters that the Family Court Associate or Judge must consider include— a whether appropriate arrangements for the care of the child can be made by members of the child’s family in any other country; and b whether the applicant (or one of the applicants in the case of a joint application) has a genetic or other familial link to the child. 3 The Family Court Associate or Judge may direct the chief executive to prepare a report to assist the Family Court Associate or Judge— a in ascertaining whether all or any of the following persons ordinarily reside in New Zealand: i the applicant (or either or both of the applicants in the case of a joint application): ii the child; and b in considering the matters in subsection (2) , if the application is made under subsection (1)(a)(ii)(A) . 4 A report directed to be prepared under subsection (3) — a must include— i such information that the Family Court Associate or Judge requests; and ii any other information that the report writer considers relevant; but b need not include any views or conclusions on the matters contained in the report. 5 In subsection (1)(b)(ii) , AHR procedure has the meaning given in section 15 of the Status of Children Act 1969. 3AAB DNA testing to determine genetic link 1 This section applies if— a an application for an adoption order is made in respect of a child under section 3AAA(1)(a)(ii) or (b) ; and b it is alleged that there is a genetic link between the applicant or one of the applicants (in the case of a joint application) and the child. 2 A Family Court Associate or Judge may recommend that the applicant or applicants arrange for— a DNA testing to be carried out by a provider on— i the applicant or applicants; and ii the child; and b a DNA report to be submitted to the court. 3 The applicant or applicants are liable for all costs incurred in connection with DNA testing and the submission of a DNA report to the court. 4 Any DNA report submitted to the court stating that the results of the DNA testing show a genetic link between the applicant or one of the applicants and the child is conclusive evidence of that fact. 5 In this section,— DNA report means a report that— a provides an analysis and a summary of the results of DNA testing carried out by a provider; and b is compiled by a qualified person prescribed requirements means requirements prescribed in regulations relating to— a quality management systems to ensure appropriate collection, testing, analysis, storage, and disposal of laboratory samples; and b competence to produce valid and reliable test results; and c patient consent, care, and confidentiality provider means a provider who— a provides DNA testing; and b meets the prescribed requirements for the provision of that testing. 6 Section 3 amended (Power to make adoption orders) Repeal section 3(1A). Repeal section 3(4). 7 Section 10 amended (Social worker to report) Replace the heading to section 10 with Social worker report required before adoption order made . After section 10(1), insert: 1A A report required by subsection (1) is additional to any report obtained by the court under section 3AAA . 8 Section 17 amended (Effect of overseas adoptions) Replace section 17(2) to (4) with: 2 For the purposes of this Act and all other New Zealand enactments, the overseas adoption has the same effect as an adoption order made under this Act. 3 However, the effect of the overseas adoption has the following limitations: a the adopted person is not, as a result of the adoption, a New Zealand citizen under the Citizenship Act 1977 (the Act ), unless the adopted person is deemed to be a child of a New Zealand citizen under section 3(2)(aa) of the Act and the requirements in section 6(1) of the Act are satisfied; and b the adopted person cannot, as a result of the adoption, be granted under the Immigration Act 2009 either a visa or an entry permission unless— i the adopting parent or adopting parents were ordinarily resident in a country outside New Zealand— A for a period of 12 months or more immediately preceding the date of the overseas adoption; and B for a primary purpose unrelated to the adoption of a person; or ii the overseas adoption took place in a designated country (consistent with any limitation or qualification imposed on the country’s designation under section 17A(3) ) when the adopting parent or adopting parents were ordinarily resident in New Zealand. After section 17(5), insert: 6 In subsection (3)(b)(ii) , designated country means a country designated by the Governor-General by Order in Council made under section 17A . 9 New section 17A inserted (Process for designating countries for purpose of section 17(3)) After section 17, insert: 17A Process for designating countries for purpose of section 17(3) 1 The Governor-General may, on the recommendation of the Minister of Justice, make an Order in Council designating a country for the purposes of section 17(3)(b)(ii) . 2 Before recommending the designation of a country under subsection (1) , the Minister of Justice must— a consult— i the Minister for Children; and ii the Minister of Foreign Affairs; and iii the Minister of Immigration; and iv the Minister of Internal Affairs; and b be satisfied that, having regard to the following matters, the country’s regulatory regime affords sufficient safeguards to prevent harm to adopted persons: i the country’s adoption laws and practices; and ii whether any agreement or arrangement exists between the Government of New Zealand and the government of that country in respect of adoptions; and iii any other matters that the Minister considers relevant; and c be satisfied that designation of the country will support the country’s relationship with New Zealand. 3 A country may be designated subject to any specified limitation or qualification (for example, a country may be designated only in relation to adoptions made under specified legislation). 4 An order under this section is secondary legislation ( see Part 3 of the Legislation Act 2019 for publication requirements). 10 Section 27E repealed (Power to amend Schedule 1AAB by Order in Council) Repeal section 27E. 11 Schedule 1AA amended In Schedule 1AA,— a insert the Part set out in Schedule 1 of this Act as the last Part; and b make all necessary consequential amendments. 12 Schedule 1AAB repealed Repeal Schedule 1AAB. 13 Principal Act This subpart amends the Citizenship Act 1977. 14 Section 3 amended (Special provisions relating to parentage) Repeal section 3(2)(b). 15 Section 7 amended (Citizenship by descent) Repeal section 7(1A). 16 Schedule 1AA amended In Schedule 1AA,— a insert the Part set out in Schedule 2 of this Act as the last Part; and b make all necessary consequential amendments. 17 Principal rules This subpart amends the Family Court Rules 2002. 18 Rule 22 amended (Special rules relating to other documents) Replace rule 22(a) with: a Adoption Act 1955 ( see rule 244 – affidavit to be filed with application, and rules 242 and 245 – evidence of child’s identity and other matters to be filed before hearing): 19 Rule 62 amended (Forms) After rule 62(1)(c)(ii), insert: iii is required by rule 244 ( see rule 62AC ). 20 New rule 62AC inserted (Approved form for use in proceedings under Adoption Act 1955) After rule 62AB, insert: 62AC Approved form for use in proceedings under Adoption Act 1955 1 The Secretary for Justice may approve the form for an affidavit that is required by rule 244 to accompany an application for an adoption order made under the Adoption Act 1955. 2 The following rules apply to the approved form: a rule 64 (about size of paper): b rule 69 (about fastening and numbering of pages): c rule 70 (about legibility): d rule 71 (about signatures). 3 The approved form must be— a published on the Ministry of Justice website; and b available to be downloaded, free of charge, from that internet site. 21 Rule 240 amended (Interpretation) In rule 240, insert in its appropriate alphabetical order: approved form means the form approved by the Secretary for Justice under rule 62AC for use by applicants applying for an adoption order under the Act 22 Rule 241 amended (Forms) Replace rule 241(2) with: 2 Subclause (1) is subject to— a rule 244; and b rule 246(2). 23 Rule 244 amended (Affidavit to be filed with, or before hearing of, application for adoption order) Replace the heading to rule 244 with Affidavit to be filed with application for adoption order . In rule 244, replace , or file in the court before the hearing, an affidavit with an affidavit on an approved form . In rule 244, replace paragraphs (aaa) to (aac) with: aaa if the application is made in reliance on section 3AAA(1)(a)(i) or (ii) of the Act, provides evidence of the country in which the applicants and the child ordinarily reside: aab if the application is made in reliance on section 3AAA(1)(a)(ii) of the Act, provides evidence of the exceptional circumstances that exist, which may include evidence of a familial or genetic link between the applicants and the child stated in the application (for example, birth certificates showing a familial link or DNA test results showing a genetic link): aac if the application is made in reliance on section 3AAA(1)(b) of the Act, provides evidence of the international surrogacy arrangement: 24 Schedule 1AA amended In Schedule 1AA,— a insert the Part set out in Schedule 3 of this Act as the last Part; and b make all necessary consequential amendments. 25 Schedule 2 amended In Schedule 2, form A 3, replace the second paragraph 2A and the following paragraph 2A with: 2A We are/I am* ordinarily resident in New Zealand, and the child is ordinarily resident in [ country outside New Zealand ] and we/I* make this application in the following exceptional circumstances: [ specify ].   *Select one or 2A We are/I am* ordinarily resident in [ country outside New Zealand ], and the child is ordinarily resident in New Zealand and we/I* make this application in the following exceptional circumstances: [ specify ].   *Select one or 2A This application is made pursuant to an international surrogacy arrangement [ details ]. 26 Principal regulations This subpart amends the Adoption Regulations 1959. 27 New regulation 2A inserted (Transitional, savings, and related provisions) After regulation 2, insert: 2A Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms. 28 Regulation 8 amended (Affidavit by applicants) In regulation 8(1), replace At any time before the date of hearing of an application for an adoption order there shall be filed in the court an affidavit by the applicants with Applicants for an adoption order must file with their application an affidavit, . In regulation 8(1), replace paragraphs (aaa) to (aac) with: aaa if the application is made in reliance on section 3AAA(1)(a)(i) or (ii) of the Adoption Act 1955, providing evidence of the country in which the applicants and the child ordinarily reside: aab if the application is made in reliance on section 3AAA(1)(a)(ii) of the Adoption Act 1955, providing evidence of the exceptional circumstances that exist, which may include evidence of a familial or genetic link between the applicants and the child stated in the application (for example, birth certificates that establish a familial link or DNA test results that establish a genetic link): aac if the application is made in reliance on section 3AAA(1)(b) of the Adoption Act 1955, providing evidence of the international surrogacy arrangement: 29 New Schedule 1AA inserted Insert the Schedule 1AA set out in Schedule 4 of this Act as the first schedule to appear after the last regulation of the principal regulations. 30 Schedule amended Replace the Schedule heading with: 1 r 6 Forms In the Schedule, form 1, replace the second paragraph 2A and the following paragraph 2A with: 2A We are/I am* ordinarily resident in New Zealand, and the child is ordinarily resident in [ country outside New Zealand ] and we/I* make this application in the following exceptional circumstances: [ specify ].   *Select one or 2A We are/I am* ordinarily resident in [ country outside New Zealand ], and the child is ordinarily resident in New Zealand and we/I* make this application in the following exceptional circumstances: [ specify ].   *Select one or 2A This application is made pursuant to an international surrogacy arrangement [ details ]. 31 Repeal of Adoption Amendment Act 2025 The Adoption Amendment Act 2025 (2025 No 49) is repealed. 1 New Part 2 inserted into Schedule 1AA of Adoption Act 1955 2 Provisions relating to Overseas Adoptions Legislation Act 2026 6 Interpretation In this Part, commencement date means the date on which the Overseas Adoptions Legislation Act 2026 comes into force. 7 Adoption application made before commencement date 1 Subclause (2) applies if an application for an adoption order is made to the court, but not determined, before the commencement date. 2 Section 3, as in force immediately before the commencement date, continues to apply in respect of the application as if the Overseas Adoptions Legislation Act 2026 had not been enacted. 8 Effect of overseas adoption: New Zealand citizenship status before commencement 1 Subclause (2) applies to an overseas adoption that— a took place before the commencement date; and b was not subject to the limitation in section 17(3)(a) as in force immediately before the commencement date. 2 On and after the commencement date, the overseas adoption is not subject to the limitation in section 17(3)(a), as replaced by section 8(1) of the Overseas Adoptions Legislation Act 2026 . 9 Effect of overseas adoption: visa application made before commencement date 1 Subclause (2) applies if, before the commencement date,— a a person is adopted pursuant to an overseas adoption; and b section 17(3), as in force immediately before the commencement date, did not impose a limitation on the person being granted a visa under the Immigration Act 2009; and c an application for a visa in respect of the person has been made under the Immigration Act 2009 but not determined. 2 On and after the commencement date, the visa application is determined as if the Overseas Adoptions Legislation Act 2026 had not been enacted. 2 New Part 3 inserted into Schedule 1AA of Citizenship Act 1977 3 Provisions relating to Overseas Adoptions Legislation Act 2026 5 Interpretation In this Part, commencement date means the date on which the Overseas Adoptions Legislation Act 2026 comes into force. 6 Citizenship by descent continues for persons adopted overseas who acquired status before commencement date 1 This clause applies if, before the commencement date, a person— a was adopted pursuant to an overseas adoption that was not subject to the limitation in section 17(3)(a) of the Adoption Act 1955 (as then in force); and b was deemed to be a child of a New Zealand citizen under section 3(2)(b) (as then in force); and c had the status of a New Zealand citizen by descent by virtue of section 7(1). 2 On and after the commencement date, the person continues to be a New Zealand citizen by descent. 3 Subclause (2) applies whether or not before the commencement date an application was made under section 7(2) to register the person’s citizenship status. 4 This clause applies despite sections 8, 14, and 15 of the Overseas Adoptions Legislation Act 2026 . 7 Citizenship by grant under section 9(1)(b) continues for persons adopted overseas by New Zealand citizen by descent before commencement date 1 This clause applies if, before the commencement date, a person— a was adopted pursuant to an overseas adoption that was not subject to the limitation in section 17(3)(a) of the Adoption Act 1955 (as then in force); and b was deemed to be a child of a New Zealand citizen under section 3(2)(b) (as then in force); and c did not have the status of a New Zealand citizen by descent by virtue of section 7(1) (because one of the person’s adopting parents was not a New Zealand citizen by birth or grant). 2 A grant of citizenship to the person authorised by the Minister before the commencement date may not be rescinded on and after the commencement date as a consequence of the enactment of the Overseas Adoptions Legislation Act 2026 (and the repeal of section 3(2)(b) by section 14 of the Overseas Adoptions Legislation Act 2026 ). 3 An application for a grant of citizenship under section 9(1)(b) that is made before the commencement date by or on behalf of the person, but not determined by that date, must be dealt with as if the Overseas Adoptions Legislation Act 2026 had not been enacted. 4 An application for a grant of citizenship under section 9(1)(b) that is not made before the commencement date by or on behalf of the person may be made on or after the commencement date by or on behalf of the person as if the Overseas Adoptions Legislation Act 2026 had not been enacted. 3 New Part 2 inserted into Schedule 1AA of Family Court Rules 2002 2 Provision relating to Overseas Adoptions Legislation Act 2026 2 Proceedings affected by Overseas Adoptions Legislation Act 2026 1 Amendments made by a provision of the Overseas Adoptions Legislation Act 2026 (except for this clause) apply only to proceedings commenced on or after the commencement of that provision. 2 Proceedings commenced before that commencement, and not finally determined (including any rehearing or appeal) before that commencement, continue as if those amendments had not been enacted. 4 New Schedule 1AA inserted into Adoption Regulations 1959 1AA r 2A Transitional, savings, and related provisions 1 Provision relating to Overseas Adoptions Legislation Act 2026 1 Proceedings commenced but not completed before commencement of Overseas Adoptions Legislation Act 2026 1 This clause applies in respect of proceedings under the Adoption Act 1955 commenced, but not finally determined (including any rehearing or appeal), before the commencement of the Overseas Adoptions Legislation Act 2026 (the Act ). 2 Regulation 8, as in force immediately before the commencement of the Act, continues to apply to proceedings as if the Act had not been enacted. 1AA Transitional, savings, and related provisions