New Zealand's Archaic Adoption Act
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This paper offers a brief overview of New Zealand's 1955 Adoption Act and notes its shortcomings and the key areas requiring reform. The paper addresses open adoptions, Maori adoptions, who can adopt, who can be adopted and issues of consent. The paper points out that although each issue may seem minor in itself, the combination of all these shortcomings mean that the Adoption Act is an archaic one in need of immediate legislative reform.
From the Paper:"Inglis describes adoption as "a statutory process by means of which the family relationship between a child and his biological parents is destroyed and an entirely new relationship substituted as between the child and his adoptive parents." In D-GSW v L Hardie Boys J stated that "the primary purpose of adoption is to benefit the child." Similarly in 2000 the Law Commission recommended that the primary purpose of adoption should be to provide a child who cannot be provided for by their own parents with a permanent family life. From these observations we get a clear understanding of the concept of adoption and the fundamental principles which operate in conjunction; it is about providing a new home for a child, whose birth parent's rights are transferred to adoptive parents, where the adoption should be wholly in the best interests of the child.
"Clearly the process of adoption requires significant statutory provisions, and as Inglis explains during the late 1800s the law as it stood provided little security for fostering arrangements at the time. As a result the New Zealand Adoption of Children Act 1881 was passed. This Act set out the "essential foundations" for our current statute - the Adoption Act 1955."
Sample of Sources Used:
- AG v Prince  NZFLR 145
- B v G  NZFLR 961
- B v M (1996) 14 FRNZ 690
- CL v R  NZFLR 351
- D-GSW v L  NZFLR 125
Cite this Term Paper:
New Zealand's Archaic Adoption Act (2013, August 21) Retrieved November 29, 2020, from https://www.academon.com/term-paper/new-zealand-archaic-adoption-act-153656/
"New Zealand's Archaic Adoption Act" 21 August 2013. Web. 29 November. 2020. <https://www.academon.com/term-paper/new-zealand-archaic-adoption-act-153656/>