16 Effect of adoption order

(1)

Every adoption order shall confer on the adopted child a surname, and 1 or more given names.

(1A)

The names conferred on an adopted child by an adoption order shall be those specified by the applicant for the order, unless the court is satisfied it is not in the public interest for the child to bear those names.

(1B)

Notwithstanding subsection (1), if the court is satisfied that it is contrary to the religious beliefs or cultural traditions of the applicant for an adoption order for the adopted child to bear a given name, the order may confer on the child a surname only.

(2)

Upon an adoption order being made, the following paragraphs of this subsection shall have effect for all purposes, whether civil, criminal, or otherwise, but subject to the provisions of any enactment which distinguishes in any way between adopted children and children other than adopted children, namely:

(a)

the adopted child shall be deemed to become the child of the adoptive parent, and the adoptive parent shall be deemed to become the parent of the child, as if the child had been born to that parent in lawful wedlock:

provided that, where the adopted child is adopted by his mother either alone or jointly with her spouse, the making of the adoption order shall not prevent the making of an affiliation order or maintenance order, or of an application for an affiliation order or maintenance order, in respect of the child:

(b)

the adopted child shall be deemed to cease to be the child of his existing parents (whether his natural parents or his adoptive parents under any previous adoption), and the existing parents of the adopted child shall be deemed to cease to be his parents, and any existing adoption order in respect of the child shall be deemed to be discharged under section 20:

provided that, where the existing parents are the natural parents, the provisions of this paragraph shall not apply for the purposes of any enactment relating to forbidden marriages or civil unions or to the crime of incest:

(c)

the relationship to one another of all persons (whether the adopted child, the adoptive parent, the existing parents, or any other persons) shall be determined in accordance with the foregoing provisions of this subsection so far as they are applicable:

(d)

the foregoing provisions of this subsection shall not apply for the purposes of any deed, instrument, will, or intestacy, or affect any vested or contingent right of the adopted child or any other person under any deed, instrument, will, or intestacy, where the adoption order is made after the date of the deed or instrument or after the date of the death of the testator or intestate, as the case may be, unless in the case of a deed, instrument, or will, express provision is made to that effect:

(e)

subject to the Citizenship Act 1977, the adoption order shall not affect the race, nationality, or citizenship of the adopted child:

(f)

the adopted child shall acquire the domicile of his adoptive parent or adoptive parents, and the child’s domicile shall thereafter be determined as if the child had been born in lawful wedlock to the said parent or parents:

(g)
[Repealed]

(h)

any existing appointment as guardian of the adopted child shall cease to have effect:

(i)

any affiliation order or maintenance order in respect of the adopted child and any agreement (not being in the nature of a trust) which provides for payments for the maintenance of the adopted child shall cease to have effect:

provided that, where the adopted child is adopted by his mother either alone or jointly with her spouse, the order or agreement shall not cease to have effect by reason of the making of the adoption order:

provided also that nothing in this paragraph shall prevent the recovery of any arrears which are due under any order or agreement at the date on which it ceases to have effect as aforesaid.

(3)

This section shall apply with respect to all adoption orders, whether made before or after the commencement of this Act:

provided that,—

(a)

for the purposes of any appointment, affiliation order, maintenance order, or agreement to which paragraph (h) or paragraph (i) of subsection (2) applies, the adoption order, if made before the commencement of this Act, shall be deemed to have been made on the date of the commencement of this Act:

(b)

for the purposes of any other deed or instrument (except a will) made before the commencement of this Act, or of the will or intestacy of any testator or intestate who died before the commencement of this Act, or of any vested or contingent right of the adopted child or any other person under any such deed, instrument, will, or intestacy, this section shall not apply, and the adoption order shall have effect for the purposes of the deed, instrument, will, or intestacy according to the law existing at the date on which the deed, instrument, will, or intestacy took effect:

(c)

an adoption order made before 1 April 1954 shall not affect the operation of any rule of Maori custom as to intestate succession to Maori land.

(4)

Subsection (2)(i) applies to all maintenance orders, whether made before, on, or after 1 July 1992.

(5)

The first proviso to subsection (2)(a) applies subject to section 6(2) of the Child Support Act 1991.

(6)

The first proviso to subsection (2)(i) applies subject to section 25(2)(b) of the Child Support Act 1991.

Compare: 1950 No 18 s 2

Section 16(1): replaced, on 1 September 1995, by section 95 of the Births, Deaths, Marriages, and Relationships Registration Act 1995 (1995 No 16).

Section 16(1A): inserted, on 1 September 1995, by section 95 of the Births, Deaths, Marriages, and Relationships Registration Act 1995 (1995 No 16).

Section 16(1B): inserted, on 1 September 1995, by section 95 of the Births, Deaths, Marriages, and Relationships Registration Act 1995 (1995 No 16).

Section 16(2)(a) proviso: amended, on 19 August 2013, by section 9 of the Marriage (Definition of Marriage) Amendment Act 2013 (2013 No 20).

Section 16(2)(b) proviso: amended, on 26 April 2005, by section 40(1) of the Civil Union Act 2004 (2004 No 102).

Section 16(2)(e): replaced, on 1 January 1978, by section 30(2) of the Citizenship Act 1977 (1977 No 61).

Section 16(2)(f) proviso: repealed, on 1 January 1981, by section 14(2) of the Domicile Act 1976 (1976 No 17).

Section 16(2)(g): repealed, on 1 January 1981, by section 14(2) of the Domicile Act 1976 (1976 No 17).

Section 16(2)(i) proviso: amended, on 19 August 2013, by section 9 of the Marriage (Definition of Marriage) Amendment Act 2013 (2013 No 20).

Section 16(4): inserted, on 1 July 1992, by section 243 of the Child Support Act 1991 (1991 No 142).

Section 16(5): inserted, on 1 July 1992, by section 243 of the Child Support Act 1991 (1991 No 142).

Section 16(6): inserted, on 1 July 1992, by section 243 of the Child Support Act 1991 (1991 No 142).

Section 16(6): amended, on 1 April 2015, by section 35 of the Child Support Amendment Act 2013 (2013 No 12).