What are foster parents’ legal rights

27 June 2025by Naomi

What Are Foster Parents’ Legal Rights in New Zealand?

Foster parents play a vital role in providing care and support for children who cannot live with their biological families. In New Zealand, the legal rights of foster parents are governed by various laws and regulations, including the Care of Children Act 2004. Understanding these rights is crucial for foster parents to ensure they can effectively care for the children in their charge while navigating the legal system.

The Role of Oranga Tamariki in Foster Care

Oranga Tamariki, also known as the Ministry for Children, is the government agency responsible for overseeing the foster care system in New Zealand. When a child is placed in foster care, Oranga Tamariki works with the foster parents to ensure the child’s needs are met and their welfare is protected. Foster parents have the right to receive support and guidance from Oranga Tamariki throughout the placement.

Legal Responsibilities of Foster Parents

Foster parents have a legal responsibility to provide a safe, stable, and nurturing environment for the children in their care. This includes meeting the child’s basic needs, such as food, shelter, clothing, and education. Foster parents must also ensure the child attends school and receives appropriate medical care. Additionally, foster parents are expected to work with Oranga Tamariki and other professionals involved in the child’s case to support the child’s well-being and permanency goals.

The Care of Children Act 2004 outlines the principles that guide decisions about children’s care and welfare in New Zealand. Section 4 of the Act states:

(1) The welfare and best interests of the child must be the first and paramount consideration—
(a) in the administration and application of this Act, for example, in proceedings under this Act; and
(b) in any other proceedings involving the guardianship of, or the role of providing day-to-day care for, or contact with, a child.

This principle applies to all decisions made about a child’s care, including those involving foster parents.

Decision-Making Rights of Foster Parents

While foster parents are responsible for the day-to-day care of the children in their charge, they may have limited decision-making rights. Major decisions about the child’s life, such as medical treatment, education, and religious upbringing, are typically made by Oranga Tamariki in consultation with the child’s biological parents or legal guardians. However, foster parents have the right to be consulted and have their views considered in these decisions.

Financial Support for Foster Parents

Foster parents in New Zealand are entitled to receive financial support to help cover the costs of caring for a foster child. This includes a weekly board payment, as well as additional allowances for clothing, school expenses, and other needs. Foster parents have the right to receive timely and accurate payments from Oranga Tamariki to support the child’s care.

Access to Information and Support Services

Foster parents have the right to access information and support services to help them effectively care for the children in their charge. This includes training, counseling, and support groups provided by Oranga Tamariki and other organizations. Foster parents should also be kept informed about the child’s case plan, court proceedings, and any changes in the child’s legal status or placement.

For more information on the rights and responsibilities of foster parents in New Zealand, watch this informative video by family lawyer Naomi Cramer: Understanding Foster Care in New Zealand.

Conclusion: Protecting the Rights of Foster Parents and Children

Foster parents in New Zealand have specific legal rights and responsibilities when caring for children in the foster system. These rights are designed to ensure that foster parents can provide a safe, stable, and nurturing environment for the children in their care while working collaboratively with Oranga Tamariki and other professionals. By understanding and asserting their legal rights, foster parents can better navigate the complexities of the foster care system and advocate for the best interests of the children they serve.

If you are a foster parent in need of legal advice or support, contact Naomi Cramer, a leading family lawyer in New Zealand. With extensive experience in child welfare law and a dedication to protecting the rights of foster parents and children, Naomi can provide the guidance and representation you need. Visit lawyers-auckland1.co.nz to learn more about how Naomi Cramer can help you navigate the foster care system and assert your legal rights as a foster parent.

No solicitor-client relationship is created by this article. The author and owner shall not be liable for your reliance on the information contained in this article. Readers should obtain their own independent legal advice.

by Naomi

Naomi Cramer is an Criminal and Family Law Specialist with over 25 Years Experience.

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