"Reform of the Law of Domicile in Australasia with Particular Reference to the New Zealand Domicile Act 1976"
CF Forsyth, 1977
In this article the author highlights and comments on the most important reforms introduced by the Domicile Act 1976. The main focus is on: the abolition of the domicile of dependence in the case of married women and potential problems regarding the ascertainment of the matrimonial domicile where spouses have different domiciles; the domicile of children and problem areas, such as the domicile of foundlings and adoptive children; the abolition of the revival of the domicile of origin; the new statutory domicile of choice.
Debra Wilson, 2016
The author explains the circumstances in which the Adoption (Intercountry) Act 1997 will apply to cases of international surrogacy, where the intended parents of a surrogate child born outside of New Zealand wish to be recognised as the child’s legal parents in New Zealand. In accordance with the Act’s incorporation of the Hague Adoption Convention 1993 into domestic law, the Act applies if the habitual residence of the child is outside New Zealand. Determining the child’s habitual residence becomes a complicated task when there is no biological link between the child and either of the intended parents. The author argues that in such a situation the habitual residence of the intended parents can be imputed to the child where the intended parents are regarded as the legal parents in the child’s birth country, and the child has the biological make-up intended by the surrogacy arrangement. Such an approach is consistent with recent case law, the purposes of the Adoption Convention, and the principles of New Zealand surrogacy law.
Kenneth J Keith, 2016
The author explores the importance of both private and public international law in New Zealand family law. The author begins by outlining the contexts in which private international law issues can arise, and how the conflict of laws has historically dealt with such cases. The author notes New Zealand’s membership of the Hague Conference on Private International Law and signing of Hague and non-Hague family law treaties, discussing the extent to which these treaties have been implemented in national law by Parliament and the courts. The author concludes by commenting on some family law conventions to which New Zealand is not a party, and signals future challenges for the relationship between family law and international law.