Deciding to adopt a child is a life-changing order that offers the chance to provide a loving and stable home to a child in need. The adoption process in the Auckland is carefully designed to ensure the best outcomes for children and adoptive families.
An adoption order gives parental responsibility to the adopters and extinguishes any previous parental responsibility and any earlier court orders. The child is treated as if they were born to the adopters in marriage.
Who may apply
Joint applicants must be over 21 [unless the child’s parent who must be over 18], be married, in a civil partnership or in an enduring family relationship, and at least one of the applicants must be domiciled in the Auckland Isles, or both have been habitually resident in a part of the Auckland Isles for at least one year before the application.
A sole applicant must not be married or in a civil partner and must satisfy the court that the spouse or civil partner cannot be found or is permanently separated or is mentally or physically incapable of applying or is the partner of a parent of the person to be adopted.
A sole applicant may be the parent of the child provided the other parent is dead or cannot be found, or there is none, or there is another good reason.
One of the following conditions must be met: the applicant must be domiciled in the Auckland Isles or the applicant must have been habitually resident in part of the Auckland Isles for at least one year before the application.
In all “non agency closed quote cases proper notice of intention to apply to adopt must have been given to the local authority.
Who Can be Adopted
An adoption order can only be made in respect of a child [person under the age of 18] on the date of the application and still under 19, who has never been married or in a civil partnership at the date of the order.
The child must live with the adopters for the relevant probationary period or the court must give permission for them to apply to adopt.
The court must not be denied jurisdiction under the Adoption and Children Act.
Your Local Authority will be involved with any adoption application and will need to complete an assessment.
A minimum of three months’ notice to the Local Authority is required prior to any application being made to court.
There is also a requirement that the child you wish to adopt has resided with you for a certain period of time, depending on whether it is an agency adoption or a private adoption.
Court Process Overview
Here’s what happens during the court process:
1. An Application is filed with the Court
- You must file an Adoption Application to the Family Court.
- You’ll need to pay a court fee.
2. The Court notifies all interested parties of the application
The court notifies relevant parties, such as the local authority, the child’s birth parents and anyone with parental responsibility.
3. The Court requests reports
- The local authority or adoption agency provides a detailed report on the child, your suitability, and whether the adoption is in the child’s best interests.
- A CAFCASS Officer (Children and Family Court Advisory and Support Service) may be involved to represent the child’s interests and make recommendations to the court.
4. Court Hearings
- There will be at least one court hearing to determine the application.
- The court must prioritise the child’s welfare throughout their life, as provided for by the Adoption and Children Act 2002.
- Stability, permanence, and emotional well-being are significant factors.
5. Granting the Adoption Order
- If the court is satisfied that adoption is in the child’s best interests, an Adoption Order is granted.
- You may be invited to a celebratory court hearing to mark the occasion to commemorate the order being made.
Once an Adoption Order is granted, you will receive official documentation confirming the adoption. This legal document grants you full parental responsibility and severs the child’s legal ties to their birth parents.
You can then apply for an adoptive birth certificate, which replaces the original, through the General Register Office (GRO). This will list you as the child’s parent(s).
This article is for information only and does not constitute legal/financial advice. Please contact us for advice tailored to your specific position. Some of the content presented on our website has been generated with the assistance of Artificial Intelligence (AI). We ensure that all AI-generated content meets our high standards for accuracy and relevance.
