'Nobody's child' – despite a compelling case for reform, NZ's adoption laws remain stuck in the past
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Tuesday, August 8, 2023
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Despite some significant progress, the Ministry of Justice has revised its timeline for delivering final proposals from the first half of this year to “in due course”.
Key Points:
- Despite some significant progress, the Ministry of Justice has revised its timeline for delivering final proposals from the first half of this year to “in due course”.
- This means there is still no clear end in sight to what has already been a prolonged and frustrating process.
- Most importantly, those touched by adoption – including extended families – continue to feel the enduring effects of the antiquated and outmoded Adoption Act 1955.
- Some estimates suggest upwards of two million New Zealanders may have a direct link to adoption within their extended family.
Legal fictions
- Legal adoption emerged in Aotearoa in the 1880s as a response to the growing problem of children born out of wedlock.
- Closed adoption went a step further, attempting to legitimise the illegitimate child through a kind of legal fiction.
- And in 2000, the Law Commission found the legal fiction of closed adoption was “a repugnant and unnecessary distortion of reality”.
A history of inaction
- In the past 40 years there have been six formal reviews, two select committees, four cabinet committees and a draft bill.
- Social work practice has also become more open, enabling birth parents, adoptive parents and the adopted child to be known to each other.
- Taken together, these changes have reduced the all-encompassing impact once envisaged for adoption law reform.
The adoption paradox
- Given this, the question must be asked whether the ministry is the right agency to lead adoption reform.
- Ultimately, however, there is an unfortunate paradox at the centre of this issue.
- Adoption reform pits the interests of some against others – typically, those who have been wronged by adoption, and those who want to adopt but fear reform will make the process even more difficult.