Sexual safety - Adoption and whangai
What is adoption?
Adoption is a legal process. It means that the biological mother gives up all her parental rights and responsibilities to the adoptive parents and the legal relationship between the mother and her child is ended. This means the birth parents have no legal say over how the child is raised, no longer have the legal right to custody (day-to-day care) or access (contact or visiting the child). The child’s birth certificate is changed and the adoptive parents will appear as the parents. The birth certificate made in the names of the birth parents will be closed and it will remain closed until the adopted child turns 20.
When does the adoption happen?
The law says the mother must wait for 10 days after the birth before agreeing to the baby being adopted. The law also says the mother must have the legal consequences of an adoption explained to her. A lawyer has to witness her written consent.
Who makes the decision about adopting a baby?
The decision to adopt is yours – no-one can make you choose to have your child adopted. It is a big decision and it is important you carefully consider it. Once the consent process is complete, it is very difficult and very rare for an adoption to be reversed.
Where can I get more information about adoption?
Counselling and more information are available from the Child, Youth and Family Adoption Unit. Click here to go to their website: www.cyf.govt.nz/adoptions.htm.
What is whangai adoption?
A whangai adoption is where a child is cared for within the whānau in line with tikanga Maori. You and your whānau will decide who will care for your child – this will usually be members of the same family or extended family.
Is whangai a legal arrangement?
Although whangai relationships are protected by the Treaty of Waitangi, they aren’t currently recognised by New Zealand law. This means whangai is an informal rather than legal arrangement. With whangai, the birth mother remains the child’s legal guardian.
