Inter-country adoption guidelines

General principles for when a New Zealand resident or citizen adopts a child overseas and applies for a visa for that child.

Status: active
Updated: 2026-04-30
Sources: F7.1F7.5F7.10

At a glance

Sets out that New Zealand residence class visa holders or citizens who legally adopt a child overseas may apply for citizenship or residence for the child. Adoption does not automatically entitle the child to a visa; immigration officers must assess the child against standard visa requirements. [F7.1]

Prospective adoptive parents should be aware that under the Adoptions Act 1955, social workers approve prospective parents and report to the Family Court, which rules on individual adoptions. [F7.10] INZ offices should advise prospective adoptive parents to consult the Ministry for Children, Oranga Tamariki, and to contact the equivalent welfare agency in the child's country. [F7.10] The Ministry for Children, Oranga Tamariki will arrange for a home study and liaise with the appropriate inter-country adoption agency for a child study, after which the Ministry will advise INZ of the results. [F7.10] The Ministry may also ask overseas posts to investigate the circumstances of the child. [F7.10]

Travel to New Zealand for adoption purposes typically requires support from social welfare agencies in both New Zealand and the child's country of origin. [F7.1] Where the adopting parent is a New Zealand citizen, the child may be eligible for citizenship determination by the Department of Internal Affairs (DIA) under the Citizenship Act 1977; this is a separate process from immigration visa applications and can be complex and lengthy. [F7.5]

Definition

Under immigration instructions, inter-country adoption guidelines apply when a New Zealand citizen or residence class visa holder adopts a child from another country and wishes to bring the child to New Zealand. The guidelines clarify that adoption alone does not confer an automatic right to a visa; the child must satisfy the same requirements as other children of New Zealand citizens or residents when applying for a residence class visa. [F7.1]

If a temporary visa is sought instead, immigration officers must assess whether the child meets the requirements for that visa class. [F7.1]

The guidelines also include pre-adoption information requirements, directing that prospective adoptive parents should consult the Ministry for Children, Oranga Tamariki and the equivalent welfare agency in the child's country, and outlining the role of social workers and home studies under the Adoptions Act 1955. [F7.10]

Application in decisions

When a child who has been adopted overseas applies for a visa, immigration officers must not presume the adoption gives the child an entitlement to a visa. The officer must assess the child's eligibility under the applicable visa category (e.g., Dependent Child Resident Visa, or a temporary visa) just as they would for a biological child. [F7.1]

The guidelines also highlight that a standard prerequisite for the child to travel to New Zealand for adoption purposes is the support of social welfare agencies in both New Zealand and the country of origin. While this is not a visa criterion per se, officers may consider whether such support exists when evaluating the overall circumstances and intentions. [F7.1]

Immigration officers are instructed to advise prospective adoptive parents to consult the Ministry for Children, Oranga Tamariki and to contact the equivalent welfare agency in the child's country. [F7.10] The Ministry for Children, Oranga Tamariki will arrange for a home study and liaise with the appropriate inter-country adoption agency for a child study, after which the Ministry will advise INZ of the results. [F7.10] The Ministry may also ask overseas posts to investigate the circumstances of the child. [F7.10]

Immigration officers should note that citizenship determination for adopted children is administered by the DIA under the Citizenship Act 1977, not by INZ. Children adopted overseas or in New Zealand must meet immigration requirements unless and until their New Zealand citizenship is formally established. If a child on a temporary visa in New Zealand is subsequently granted citizenship, evidence of that citizenship should be supplied to INZ. [F7.5]

Interpretation & edge cases

No automatic visa entitlement: Even a legal, completed overseas adoption does not guarantee a visa. The child must independently meet the requirements of the chosen visa category. If the child does not meet residency criteria, a temporary class visa might be an alternative. [F7.1]
Social welfare agency support: The requirement for social welfare agency support is a standard prerequisite for travel for adoption. While not a formal visa requirement listed in all instructions, lack of such support may raise concerns about the legitimacy or welfare arrangements for the child, potentially affecting the application's outcome. [F7.1]
Citizenship route: The guidelines also acknowledge the possibility of applying directly for New Zealand citizenship for the adopted child, which falls outside immigration visa instructions. [F7.1] Adoptive parents who are New Zealand citizens must apply to the appropriate overseas post or directly to the DIA to determine the child's citizenship. The process involves establishing whether the adoption meets the requirements of section 17 of the Adoption Act 1955 or the Adoption (Intercountry) Act 1997, and it can be both complex and lengthy. [F7.5] Children adopted overseas or in New Zealand must meet immigration requirements unless and until their New Zealand citizenship is established; evidence of citizenship should be supplied to INZ if a child on a temporary visa is granted citizenship. [F7.5]
INZ reliance on Ministry studies: The Ministry for Children, Oranga Tamariki arranges home and child studies and advises INZ of the results. INZ may also ask overseas posts to investigate the child's circumstances. Officers may consider these reports when assessing the overall circumstances of an adoption. [F7.10]