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Re Leith Kyler [2016] NZFC 6249

Published 06 December 2016

Adoption Act 1955, s 17 (2) — validity of overseas adoption in New Zealand. An application for adoption of a child who had previously been adopted by the applicant and his ex-partner overseas was granted in the applicant and his husband's favour. Section 17 of the Adoption Act applied. The Judge noted that where a person has been adopted in any place outside of New Zealand, if the grounds within s 17(2) of the Act are met then subject to the law of the place of adoption, the adoption shall have the same effect as an adoption order validly made in New Zealand. The Judge was satisfied that s 17(2) was met meaning that the only consent needed for the new adoption was from the applicant and his ex-partner (consent from the birth mother was not necessary). Judgment Date: 22 July 2016. * * * Note: Names have been changed to comply with legal requirements * * *