Adopting from India? New Zealand's new rules could affect your child's visa

New Zealand will no longer recognise most overseas adoptions for visa and citizenship, with India exempt only through CARA-approved cases

The New Zealand government has announced interim changes to adoption rules that will directly affect visa and citizenship applications for children adopted overseas.

 

Once the Adoption Amendment Bill receives Royal Assent, most international adoptions by New Zealand citizens and residents will no longer be recognised for immigration and citizenship purposes. Section 17 of the Adoption Act 1955 will be suspended for these matters.

 

Who is affected from New Zealand Visa Rule changes

 

The measures apply only to New Zealand citizens and residents who adopt children internationally and then apply for visas or citizenship for them.

 

Key points include:

 

• New visa applications for children adopted in non-exempt countries will be declined

• Applications already lodged will continue to be processed

• Non-New Zealand citizens or residents can still include adopted children in their visa applications, even if the adoption was in a non-exempt country

 

Authorities said the suspension is intended to reduce immediate risks to children who may be adopted through international pathways. The government will carry out a targeted review of legislation and policy during this period. 

 

Exempt countries

 

New Zealand has listed 86 exempt countries whose adoptions will continue to be recognised. India is on the list, but only Central Adoption Resource Authority (CARA) adoptions meet the requirement.

 

List of the exempt countries include:

 

Australia

Canada

France

Germany

India (CARA only)

Sri Lanka

United Kingdom

United States

 

A full list is available on the New Zealand's Ministry of Justice’s Adoption Law Reform page.

 

What this means for Indian adoptions

 

In the case of India, the exemption applies only if the adoption is processed through the CARA. Adoptions made under the Hindu Adoptions and Maintenance Act (HAMA) of 1956 will not qualify.

 

CARA is India’s central government body overseeing domestic and international adoptions. It works under the framework of the Hague Convention on Intercountry Adoption, which India has signed. Hague-compliant adoptions are formally recognised abroad. 

 

HAMA, by contrast, is a personal law applicable to Hindus, Buddhists, Jains and Sikhs. It allows families to adopt directly, without CARA’s involvement. While these adoptions are valid in India, they are not Hague-compliant.

 

“The real divide is in international recognition. CARA adoptions, processed under the JJ Act and backed by the Hague Convention, carry the central certification foreign authorities require,” said Ketan Mukhija, senior partner at Burgeon Law.

 

“HAMA adoptions, while perfectly valid under Indian personal law, lack that Hague safeguard which is why New Zealand will accept the former but not the latter,” he said.