HONG KONGINTERCOUNTRY ADOPTION PROGRAMMELast Updated: July 2019

Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption

The Republic of China has ratified the Hague Convention and it entered into force in Hong Kong on 1st January 2006. As both Hong Kong and New Zealand are parties to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, all adoptions must comply with the Convention’s principles and procedural safeguards to be recognised and for the adopted child to be entitled to reside in New Zealand.

The Hong Kong Central Authority

The Hong Kong Central Authority under the Hague Convention is the Department of Social Welfare.

Legislation An intercountry adoption from Hong Kong would be finalised administratively in New Zealand after an interim period by the New Zealand Central Authority creating an Article 23 Certificate of Conformity with the Convention.

Facilitation Intercountry adoptions to New Zealand are facilitated by Hong Kong’s accredited body International Social Service Hong Kong Branch. Hong Kong requires that the adoption occurs in New Zealand after a legal requirement for a monitoring period.

Citizenship and Residency

The applicants must be habitually resident in New Zealand and either New Zealand citizens or permanent residents.

Applicant Couples Couples must have been married for at least 3 years, if the first marriage for both. If it is the second marriage for one or both of the applicants they must have been married for at least 5 years.Applicants having had 2 or more divorces before the present marriage are not usually considered.

Single applicants Single applicants are not preferred unless they have special parental skills and must have sufficient support and child care ability.

Age of Applicants Applicants must be aged between 25 and 45 years and be at least 25 years older than the child to be adopted.Special consideration is given to couples over 45, but not exceeding 50 years, with child care experience for adopting children considered as having special needs.

1

Health Medical reports are required on all family members.

2

Number of Children in the Family

Families with no more than 3 children already are preferred. Consideration will be given to families having not more than 5 children at the time of application for adopting children with special needs if they are considered to have special parenting capabilities.There should be at least 1 year age difference between the child to be adopted and the immediate elder or younger child in the applicants’ family.

Children Available The Hong Kong intercountry adoption programme is considered to be a “special needs” programme. Children in need of placement are generally 2 years or older, have special needs, are in State care and are Chinese.There appear to be more boys in need of placement.Children may be considered as having special needs if they – are older, have a minor or correctable heath problem, delayed development or born of a parent with psychiatric problems or intellectual or another disability. However many waiting children in Hong Kong have serious medical and behavioural diagnosis.Only one child may be adopted at a time unless a sibling group. A second adoption application can only be made after the finalisation of the first adoption.

Matching Process and Timeframes

Due to the high needs of the waiting children in Hong Kong Oranga Tamariki has no recent experience of applications being lodged and therefore the matching timeframe is not known.

Child’s Background

Comprehensive medical background, social history and developmental assessment are provided.Most children have been provided with identifying information about their birth family.

Travel Requirements

Both adoptive parents travel to Hong Kong to bring the adopted child to New Zealand and length of stay in Hong Kong up to 2 weeks to be introduced to the child and process the adoption proposal.Interpreters and escorts not required.

Approximate Costs An application fee is US$200. This fee does not include notarisation and authentication. Approximately $NZ 2,700 for adoption, Government fees, immigration, citizenship$NZ 3,000 accommodation+ travel to and from Hong Kong

Post Placement Reports

Following the placement ISS Hong Kong requires post placement reports on the adoptive family every 3 months until an Article 23 Certificate of Conformity is made in New Zealand. This entitles the adopted child to New Zealand citizenship by birth.

This fact sheet provides a brief general overview of the Hong Kong Central Authority’s requirements 3

and process. Intercountry adoption criteria, processes, costs, and children in need of intercountry adoption, change frequently. Applicants should speak to a social worker who will consult to confirm the most up to date information.

4