NZ Moves to Suspend Unsafe International Adoptions to Protect Children

The Government has introduced urgent legislation to suspend the recognition of unsafe international adoptions, aiming to close loopholes that have left children vulnerable to abuse and exploitation. Associate Justice Minister Nicole McKee announced the introduction of the Adoption Amendment Bill in Parliament, describing the measure as a necessary step to protect children and young people from preventable harm.

Why the Law Is Changing

Minister McKee highlighted that current adoption laws under the Adoption Act 1955 fail to provide adequate safeguards for overseas adoptions. Unlike domestic processes, international adoptions do not always require checks on an adoptive parent’s criminal history or child protection record.

“We know, for example, about instances in which people with known care and protection histories, or previous convictions for violence or sexual abuse, have been able to adopt overseas,” McKee said. “They have then been able to bring those children and young people back to New Zealand where they have been neglected, abused, or exploited.”

The Matamata Case: A Stark Example

The Minister referenced the case of Joseph Auga Matamata, sentenced in 2020 to 11 years’ imprisonment for human trafficking and slavery. Despite having previous convictions for violence, he was able to adopt three boys from overseas.

One boy, aged 12, was withdrawn from school under false pretences and subjected to severe mistreatment, including being locked up, denied medical care, and forced into domestic servitude. The other two boys eventually escaped by climbing a perimeter fence at night.

“This case is the tip of the iceberg,” McKee stressed. “It is completely unacceptable for our international adoption laws to be used in this way. This abuse is preventable, and this Government is acting decisively to prevent future harm.”

Key Provisions of the Amendment Bill

The new legislation will:

• Suspend recognition of international adoptions under section 17 of the Adoption Act 1955 for citizenship and immigration purposes.

• Restrict the Family Court’s ability to grant overseas adoptions under section 3 of the Act.

• Apply as a temporary suspension, expiring either on 1 July 2027 or earlier if revoked by the Governor-General through Order in Council.

The Government argues that the suspension is necessary to give officials time to design a robust, long-term framework for safe international adoptions.

Long-Term Reform on the Horizon

Minister McKee confirmed that a new bill will be introduced next year to establish permanent safeguards. This will include a select committee process, giving the public and advocacy groups an opportunity to provide input.

The long-term reforms will require significant cross-agency collaboration, involving the Ministry of Justice, Immigration New Zealand, the Department of Internal Affairs, Oranga Tamariki, and the Ministry of Foreign Affairs and Trade.

Impact on Families and Exemptions

The Minister acknowledged that the suspension will disappoint some New Zealand families currently pursuing international adoption, many of whom are motivated by compassion and good intentions.

To mitigate the impact, the Government will preserve adoption pathways in countries where adoption practices already provide strong child safeguards. Exemptions will also apply to:

• Countries with proven safe adoption systems

• International surrogacy arrangements, which will continue to be recognised by the Family Court

• Individual cases, where ministerial discretion can be exercised for citizenship and immigration purposes

Families are encouraged to seek specialist legal advice and consult official updates on the Ministry of Justice, Immigration New Zealand, and Department of Internal Affairs websites.

Protecting the Most Vulnerable

Minister McKee emphasised that the urgency of the bill is driven by the need to prevent ongoing harm.

“The Government is progressing this change under urgency as any delay is unacceptably prolonging the risk to children and young people,” she said. “The temporary suspension will provide the time to develop and pass law that ensures international adoptions are safe for the children and young people involved.”

The move underscores the Government’s determination to place child safety at the centre of adoption policy, ensuring that New Zealand never again becomes a destination for unsafe or exploitative adoption practices.