Adoption Act 1955
Sections and provisions with full text and the judgments that cite each one.
Section 1 — Short Title
1 Short Title This Act may be cited as the Adoption Act 1955.
Section Sch1 — Consequential Amendments
Schedule 1 Consequential Amendments Section 29 [Repealed] The enactments specified in this Schedule have been repealed by: Section 134(1) Domestic Proceedings Act 1968 (1968 No 62) (impliedly).…
Section 2 — Interpretation
2 Interpretation In this Act, unless the context otherwise requires,— Adopted child means any person concerning whom an adoption order is in force Adoptive parent means any person who adopts a child…
Section Sch2 — Enactments repealed
Schedule 2 Enactments repealed Section 30 1925, No 22—The Child Welfare Act 1925: So much of Schedule 3 as relates to section 24 of the Infants Act 1908. (1931 Reprint, Vol III, p 1113.) 1939, No…
Section 3 — Power to make adoption orders
3 Power to make adoption orders (1) Subject to the provisions of this Act, a Court may, upon an application made by any person whether domiciled in New Zealand or not, make an adoption order in…
Section 4 — Restrictions on making adoption orders
4 Restrictions on making adoption orders (1) Except in special circumstances, an adoption order shall not be made in respect of a child unless the applicant or, in the case of a joint application,…
Section 5 — Interim orders to be made in first instance
5 Interim orders to be made in first instance Upon any application for an adoption order, if the Court considers that the application should be granted, it shall in the first instance make an interim…
Section 6 — Restrictions on placing or keeping a child in a home for adoption
6 Restrictions on placing or keeping a child in a home for adoption (1) It shall not be lawful for any person to place or receive or keep any child under the age of 15 years in the home of any person…
Section 7 — Consents to adoptions
7 Consents to adoptions (1) Before the Court makes any interim order, or makes any adoption order without first making an interim order, consents to the adoption by all persons (if any) whose…
Section 8 — Cases where consent may be dispensed with
8 Cases where consent may be dispensed with (1) The Court may dispense with the consent of any parent or guardian to the adoption of a child in any of the following circumstances: (a) If the Court is…
Section 9 — Withdrawal of consents
9 Withdrawal of consents (1) Where any consent to an adoption of a child by any specified person or persons is given by any parent or guardian of the child except the chief executive, the consent…
Section 10 — Social Worker to report
10 Social Worker to report (1) Before the Court makes any interim order, or makes any adoption order without first making an interim order,— (a) The Registrar of the Court shall require a Social…
Section 11 — Restrictions on making of orders in respect of adoption
11 Restrictions on making of orders in respect of adoption Before making any interim order or adoption order in respect of any child, the Court shall be satisfied— (a) That every person who is…
Section 12 — Revocation of interim order
12 Revocation of interim order (1) On the application of any person, the Court may in its discretion revoke an interim order in respect of any child on such terms as the Court thinks fit, including…
Section 13 — Issue of adoption order where an interim order has been made
13 Issue of adoption order where an interim order has been made (1) The person or persons in whose favour an interim order has been made in respect of any child may apply to the Court for the issue…
Section 13A — Appeal against refusal to make interim order or adoption order
13A Appeal against refusal to make interim order or adoption order In any case where a District Court has refused to make an interim order or an adoption order in respect of any child, the person or…
Section 14 — Date on which adoption order becomes effective
14 Date on which adoption order becomes effective (1) An adoption order made after the commencement of this Act shall be deemed to be made,— (a) In any case where it is issued after an interim order…
Section 15 — Effect of interim order
15 Effect of interim order (1) An interim order in respect of any child— (a) May require that the adoption order shall not be issued without a further hearing: (b) Shall not effect any change in the…
Section 16 — Effect of adoption order
16 Effect of adoption order (1) Every adoption order shall confer on the adopted child a surname, and one or more given names. (1A) The names conferred on an adopted child by an adoption order shall…
Section 17 — Effect of overseas adoption
17 Effect of overseas adoption (1) Where a person has been adopted (whether before or after the commencement of this section) in any place outside New Zealand according to the law of that place, and…
Section 18 — Application of Act to Maoris
18 Application of Act to Maoris An adoption order may be made under this Act on the application of any person, whether a Maori or not, in respect of any child, whether a Maori or not.
Section 19 — Adoptions according to Maori custom not operative
19 Adoptions according to Maori custom not operative (1) No person shall hereafter be capable or be deemed at any time since the commencement of the Native Land Act 1909 to have been capable of…
Section 20 — Adoption order may be varied or discharged
20 Adoption order may be varied or discharged (1) The Court may in its discretion vary or discharge any adoption order (whether the order was made before or after the commencement of this Act) or any…
Section 21 — Court to which application for adoption order shall be made
21 Court to which application for adoption order shall be made [Repealed] Section 21 was repealed by section 7 Adoption Amendment Act 1962 (1962 No 134).
Section 22 — Applications not to be heard in open Court
22 Applications not to be heard in open Court No application under this Act shall be heard or determined in open Court, and no report of proceedings under this Act shall be published except by leave…
Section 23 — Inspection of adoption records
23 Inspection of adoption records (1) An adoption order shall be open to inspection by any person who requires to inspect it for some purpose in connection with the administration of an estate or…
Section 23A — Report on application for inspection
23A Report on application for inspection (1) A Court may require a Social Worker to prepare a report following an application for an order under section 23(3)(b) on a ground referred to in…
Section 24 — Evidence in adoption cases
24 Evidence in adoption cases The Court to which any application is made under this Act may receive as evidence any statement, document, information, or matter that may in its opinion assist it to…
Section 25 — Prohibition of payments in consideration of adoption
25 Prohibition of payments in consideration of adoption (1) Except with the consent of the Court, it shall not be lawful for any person to give or receive or agree to give or receive any payment or…
Section 26 — Restriction upon advertisements
26 Restriction upon advertisements (1) It shall not be lawful for any person, other than the chief executive or a Social Worker, to publish any advertisement indicating— (a) That the parent or…
Section 27 — Offences
27 Offences (1) Every person commits an offence against this section who— (a) Places or receives or keeps any child in the home of any person for the purpose of adoption in contravention of section 6…
Section 28 — Regulations
28 Regulations (1) The Governor-General may from time to time, by Order in Council, make all such regulations as may in his opinion be necessary or expedient for giving effect to the provisions of…
Section 28A — Rules
28A Rules Rules may be made regulating the practice and procedure of Courts in proceedings under this Act,— (a) in the case of the High Court, under section 51C of the Judicature Act 1908 : (b) in…
Section 29 — Consequential amendments
29 Consequential amendments The enactments specified in Schedule 1 to this Act are hereby amended in the manner indicated in that Schedule.
Section 30 — Repeals and savings
30 Repeals and savings (1) The enactments specified in Schedule 2 to this Act are hereby repealed. (2) Without limiting the provisions of the Acts Interpretation Act 1924, it is hereby declared that…