Case law – Adoption
The Adoption Act 1955 allows “two spouses” or any individual to adopt a child. Until a June 2010 High Court decision the term “spouse” had been interpreted as enabling only those couples who are married to jointly adopt. The High Court recognised that “spouses” could include a man and woman in an unmarried, stable and committed relationship. As yet there is no case law enabling same-sex couples to jointly adopt a child.
Restricting the right to adopt to couples who are married or to opposite sex de-facto couples amounts to discrimination under the Human Rights Act and the New Zealand Bill of Rights Act. The Commission recommends amending the Adoption Act to ensure adoption equality that focuses on the best interests of the child, and does not discriminate against parents because of their sex, gender identity, sexual orientation, disability or marital status.