Can Biological Parents Reclaim an Adopted Child in New Zealand?
When a child is adopted in New Zealand, the legal rights and responsibilities of the biological parents are permanently transferred to the adoptive parents. This process is governed by the Adoption Act 1955, which sets out the legal framework for adoption in the country. However, many biological parents may wonder if they have any recourse to reclaim their child after an adoption has been finalized.
The Finality of Adoption Orders in New Zealand
In New Zealand, once an adoption order has been granted by the court, it is considered final and irrevocable. This means that the biological parents no longer have any legal rights or responsibilities towards the child, and the adoptive parents become the child’s legal parents in all respects. The Adoption Act 1955, Section 16(2) states:
“Upon an adoption order being made, the following consequences shall follow in respect of the adoption:
(a) the child shall be deemed to become the child of the adoptive parent, and the adoptive parent shall be deemed to become the parent of the child, as if the child had been born to that parent in lawful wedlock.”
This provision underscores the permanence of adoption orders in New Zealand law. Once an adoption is finalized, the biological parents cannot simply change their minds and reclaim the child.
Exceptional Circumstances for Revoking an Adoption Order
While adoption orders are generally considered final, there are some exceptional circumstances under which an adoption order may be discharged or revoked. These situations are rare and typically involve cases where the adoption order was obtained by fraud, duress, or misrepresentation. In such cases, the biological parents may seek to have the adoption order set aside by the court.
However, it is important to note that even in these exceptional circumstances, the court’s primary consideration will be the welfare and best interests of the child. The court will carefully consider the child’s current situation, their relationship with their adoptive parents, and the potential impact of revoking the adoption order on the child’s well-being.
Open Adoption and Contact Arrangements
While biological parents cannot reclaim an adopted child, New Zealand law does recognize the importance of maintaining some level of contact between the child and their biological family, where appropriate. Open adoption arrangements, which allow for ongoing communication and contact between the child, adoptive parents, and biological parents, have become increasingly common in recent years.
These contact arrangements are typically agreed upon by the parties involved and can be formalized through a contact agreement. However, it is important to note that these agreements are not legally enforceable and rely on the goodwill and cooperation of all parties. In cases where there is a dispute over contact arrangements, the court may intervene and make a decision based on the child’s best interests.
Conclusion: Can Biological Parents Reclaim an Adopted Child?
In conclusion, biological parents in New Zealand generally cannot reclaim an adopted child once an adoption order has been finalized. Adoption orders are considered permanent and irrevocable, except in rare cases involving fraud or misrepresentation. While open adoption arrangements may allow for ongoing contact between the child and their biological family, these agreements do not alter the legal status of the adoption or the rights of the adoptive parents.
If you are a biological parent considering adoption or an adoptive parent navigating the complexities of open adoption, it is essential to seek the guidance of an experienced family lawyer. Naomi Cramer, a leading family lawyer in New Zealand, can provide you with the expert advice and support you need to make informed decisions and protect your rights throughout the adoption process. Contact Naomi Cramer today to schedule a consultation and discuss your unique situation.
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.
