Adoption

Defines adoption under immigration instructions and the implications for residence class visa applications: an adopted person is treated as a member of the adoptive family, not the biological family.

Status: needs_review
Updated: 2026-04-30
Sources: R3.1R3.5R3.5.1

At a glance

Defines 'adoption' for immigration purposes, encompassing both legal adoptions and customary adoptions within the extended family that happen at an early age. [R3.1]

Definition

Under immigration instructions, 'adoption' means:

a legal adoption; or
an adoption by custom which has occurred at an early age within an extended family. [R3.1]

This definition is used across various instructions that refer to adopted children, including the Dependent Child Resident Visa, inclusion of family members, and inter-country adoption guidelines.

Application in decisions

Immigration officers apply this definition when assessing whether a child qualifies as an adopted child under any immigration category. A legal adoption must be evidenced by a formal adoption order. A customary adoption requires evidence of the custom and the early-age transfer within the extended family. [R3.1]

Effect of adoption on family relationships

Once an immigration officer is satisfied that a legal or customary adoption has taken place, the adopted person is regarded as a member of the adoptive family. For the purposes of residence instructions, the adopted person will not be treated as a member of their biological family for [R3.5]:

inclusion in any residence class visa application made by their biological family;
sponsorship of members of their biological family for a residence class visa;
sponsorship by members of their biological family for a residence class visa; and
determining eligibility for a residence class visa under any of the Family Categories.

This means that an adopted child cannot be included as a dependent child under a biological parent's residence application, nor can they later sponsor or be sponsored by biological relatives for residence. The adoption permanently severs the immigration family link for these categories. [R3.5]

Evidence of adoption

Legal adoption is evidenced by original or certified copies of adoption papers. [R3.5.1]

Customary adoption is evidenced by a written declaration from the adoptive parents stating that the person has been adopted by them, the date of adoption, and the country in which the adoption took place. [R3.5.1]

INZ may seek confirmation of a customary adoption from the person's biological parent(s) or adoptive parent(s) as applicable. [R3.5.1]

Immigration officers should also consult applications lodged by any other family members to confirm whether a customary adoption has been declared. When discrepancies exist between declarations on application forms, officers should not automatically assume the adoption has not taken place but should refer to R5.15 ('Explaining discrepancies in family details'). [R3.5.1]

If the person has been legally adopted by a New Zealand citizen or residence class visa holder, evidence must also be provided that the overseas adoption has the same effect as a New Zealand adoption under section 17 of the Adoption Act 1955 or the Adoption (Intercountry) Act 1997 (see F5.10.25). [R3.5.1]

Interpretation & edge cases

Legal adoption: Must be valid in the jurisdiction where it took place. An overseas adoption order may need assessment under the Adoption Act 1955 or the Adoption (Intercountry) Act 1997 for equivalence. [R3.1]
Customary adoption: Must have occurred at an early age within the extended family. The phrase "early age" is not further defined in R3.1, so officers may consider cultural context. The adoption must be by custom, meaning it follows recognised traditional practices of the community. [R3.1]
Effect on biological family ties: For residence purposes, adoption completely substitutes the adoptive family for the biological family. The adopted person cannot benefit from or be sponsored by biological family members under Family Categories. This applies even if the biological family later applies for residence. [R3.5]
Verification of customary adoption: INZ can seek confirmation from either set of parents, and officers must cross‑check other family members' applications. Discrepancies should be investigated using R5.15, not automatically treated as evidence that no adoption occurred. [R3.5.1]
Overseas adoption equivalence: For adoptions by a New Zealand citizen or resident, additional evidence is required to show the adoption is recognised under New Zealand law (s17 Adoption Act 1955 or Adoption (Intercountry) Act 1997). This is separate from the standard evidence of adoption and is needed even if the legal adoption papers satisfy the jurisdiction where the adoption took place. [R3.5.1]