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Articles for the keyword(s) "Adoption"

"New Zealand Conflict of Laws – A Bird’s Eye View"

FM Auburn and PRH Webb, 1977

The aim of this contribution is to provide an outline of New Zealand conflict of laws with specific reference to distinguishing features. The main focus is on statutory jurisdiction in the areas of family law and succession, as well as jurisdiction in regard to immovable property and insolvency.

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"Adoption, the Marshall Case, and the Conflict of Laws"

BD Inglis, 1957

In a critical discussion of Re Marshall, Barclays Bank Limited v Marshall [1957] Ch 263; 2 WLR 439; 1 All ER 549, the author laments the failure of the Court to distinguish between the law governing the construction of a will (in interpreting “child” or “issue”) and the law determining the status of a foreign adopted child (whether fully legitimate) in determining such child’s rights of succession. Reference is also made to Re Brophy [1949] NZLR 1006, which fails to accord full effect to this distinction.

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“Keeping a Weather Eye Open for a Rare Bird”

PRH Webb, 2010

This article surveys a range of commonly occurring family law issues. The focus is on the application of the longstanding conflict of laws rule that the applicable foreign law will not be applied if it is contrary to public policy within these issues. The issues surveyed include: validity of a marriage, granting of separation orders, prohibition on marriage and remarriage, void marriages, recognition of overseas dissolution and nullity decrees, recognition of maintenance applications, paternity orders, parenting orders under the Care of Children Act 2004, adoption and relationship property agreements.

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“Intercountry adoptions under the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption”

Jane Mountford and Claire Achmad, 2010

This article provides an overview of the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption and the Ministry of Social Development’s work in that area. The author discusses when the Convention applies to an adoption and its processes and requirements. Impediments to adoption under the Convention, such as where a child’s habitual residence is uncertain, are also discussed. A major focus is the apparent tension between cases in which a pragmatic approach is required to uphold the best interests of the child and the need to comply with Convention processes. The article concludes by briefly discussing the Conventions possible application to cases of international surrogacy.

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"New Zealand Conflict of Laws – A Bird’s Eye View"

FM Auburn and PRH Webb, 1978

The aim of this contribution is to provide an outline of New Zealand conflict of laws with specific reference to distinguishing features. The main focus is on statutory jurisdiction in the areas of family law and succession, as well as jurisdiction in regard to immovable property and insolvency.

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“New Zealand Family Law and International Law – A Comment With Some Questions”

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.

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"International Surrogacy and the Adoption (Intercountry) Act: Defining Habitual Residence"

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.

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"The Impact of the Adoption (Intercountry) Act 1997 on Pasifika Adoptions - a Manukau perspective"

Margaret Rogers, 2014

This paper considers the impact of the Adoption (Intercountry) Act 1997 on adoptions of Pasifika born children. It outlines the statutory criteria that must be fulfilled before an adoption order can be made and argues that the legislation should be modernised.

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"International Adoption and Surrogacy in New Zealand"

Dinah Kennedy, 2014

This paper outlines the international adoption process for New Zealand couples who wish to adopt a foreign born baby (under traditional adoption), or who wish to adopt a baby pursuant to a surrogacy arrangement.