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Summary: Child rights activists say the current 1955 law on adoption does not even take into account the best interests of the child, with the law being based on property law rather than on the human rights of children.
[1 August 2011] - An adoption lobby group is calling for a major overhaul of adoption law, saying the 1955 law is out of date and discriminatory. Fiona Donoghue of Adoption Action told TV ONE's Breakfast that New Zealand's Adoption Act doesn't put the rights of children first. "The best interest of the child should be paramount. At the moment the child isn't even a consideration in the legislation," she said. Donoghue claims the law is based on property law, treating children as property rather than on their human rights. As well, she says it discriminates against various groups on the grounds of marital status, religious or ethical belief and race as well as age and sexual orientation. She says a review of the 56-year-old law has been sought for more than 30 years, yet it remains a mystery as to why things have not changed in that time. "We are at a bit of a loss as to why it hasn't happened before now," she said. However lobby group Family First is rejecting the call to 'modernise' adoption laws. "The purpose of adoption is not to provide a child to adults, but rather to provide a family to a child," said Bob McCoskrie, National Director of Family First NZ. "Same sex couple and single parent adoption and surrogacy potentially harms children because it intentionally creates motherless and fatherless families." He said there is no shortage of couples willing to adopt. "While a compassionate and caring society always comes to the aid of motherless and fatherless families, it is dangerous ground to intentionally create fatherless or motherless families." However Donoghue says there are "differing views to what constitutes a family". Adoption Action has filed a claim with the Human Rights Review Tribunal seeking a hearing, saying the current law breaches the Bill of Rights and the Human Rights Act in 15 different ways. Labour joins call for shake up Labour's Youth Justice spokesperson Jacinda Ardern is behind Adoption Action's call for the overhaul of adoption laws and will table a Care of Children Law Reform Bill in Parliament this week. The bill would replace the current Adoption Act. "The current Adoption Act needs changing," she said. "It was written at a time when we had 'stranger' adoptions than we do now. It discriminates against prospective parents, doesn't take into account whangai adoption and prevents children from being cared for in the best possible family environment." She has written to Justice Minister Simon Power, challenging the Government to look at the issue.  Further Information: