Politics

Why New Zealand is tightening rules on overseas adoptions

Hana SinclairPublished 2d ago4 min readBased on 5 sources
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Why New Zealand is tightening rules on overseas adoptions

A New Zealand woman investigated by police for people trafficking in 2017 went on to adopt 21 children from overseas, alongside her five biological children, according to reporting by RNZ.

Police found the evidence did not meet the legal threshold for people trafficking. But the investigation flagged concerns that she controlled all aspects of her adopted children's lives, including their finances. No charges were laid.

The case has become relevant as Parliament reforms international adoption law — and it illustrates the regulatory gaps those reforms aim to close.

The regulatory problem

Under section 17 of the Adoption Act (1955), there is no requirement for child welfare agencies to assess whether prospective adoptive parents are suitable. Immigration instructions set no limit on how many adopted children a single sponsor can support, provided section 17 is met. Samoan law permits adoptions up to age 20. These settings meant a single adoptive parent could accumulate large numbers of overseas-adopted children with minimal formal oversight.

Immigration New Zealand separately flagged another case: a 39-year-old Kiribati woman applying for residency had nine adopted children, with 11 people living in a two-bedroom flat on one household income. That case was among the briefings to Immigration Minister Erica Stanford that prompted action across child welfare, immigration and citizenship.

Government moves

The government acted in two stages. In September 2025, it imposed a temporary halt on recognising certain international adoptions for immigration and citizenship purposes.

In May 2026, Associate Justice Minister Nicole McKee introduced the Overseas Adoptions Legislation Bill to Parliament. The bill had its first reading and was debated in the House on 12 May 2026, according to Hansard. It would require international adoptions from countries that do not comply with the Hague Convention on intercountry adoption to go through the Family Court — bringing judicial oversight where none currently exists.

McKee says the bill will create two pathways under which children adopted overseas by New Zealand citizens can automatically acquire citizenship. A Ministry of Justice process map (MOJ0743) sets out how the new Family Court system would work in practice.

One unresolved issue: the New Zealand Law Society, in a submission dated 23 June 2026, flagged that under the proposed legislation, children adopted overseas would be barred from applying for a visa — a restriction that does not apply to biological children or children adopted within New Zealand. That difference is likely to face scrutiny when the bill goes to select committee.

What the reforms address

The core mechanism — routing non-Hague adoptions through the Family Court — directly addresses the suitability-assessment gap. Family Court oversight would, in principle, catch situations where the number of adoptions, living arrangements, or financial controls over adopted children raise the welfare concerns police found in 2017.

What the bill does not immediately change is the underlying Adoption Act framework, which dates to 1955 and has long been seen as inadequate for modern intercountry adoption. Section 17, in particular, has functioned as a low-friction pathway with limited state visibility into how adopted children actually live once in New Zealand.

The 2017 police investigation is instructive here. Investigators concluded the conduct did not constitute people trafficking under the law as written — but that is not the same as concluding nothing was wrong. The concerns about financial control and oversight of adopted children that police recorded did not, at the time, trigger any recorded child welfare intervention. The bill, if passed, would not apply to past cases. But it would mean a future adoption on the same scale from a non-Hague country could not proceed without a Family Court judge examining it first.

Whether the select committee corrects the visa-access asymmetry flagged by the Law Society is the substantive question now before Parliament.