Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698834118911.pdf (New Zealand)
Tokelau Islands Adoption Regulations 1966 (SR 1966/160) PURSUANT to the Tokelau Islands Act 1948, His Excellency the Governor­General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.
Contents Title Interpretation Adoption by Tokelauan custom invalid Administrator may issue certiﬁcate of adoption Conditions of adoption Who may be adopted Adoptions by more than one person No premium in respect of adoptions Effect of certiﬁcate of adoption Variation or cancellation of certiﬁcate of adoption Effect of cancellation of certiﬁcate Register of adoptions Page 1 1 2 2 2 3 3 3 3 4 4 4 Title These regulations may be cited as the Tokelau Islands Adop­ tion Regulations 1966.
Interpretation In these regulations, unless the context otherwise requires,— Administrator means the Administrator of the Tokelau Is­ lands Note These regulations are administered in the Department of Island Territories.

1 r 3 Tokelau Islands Adoption Regulations 1966 Reprinted as at 3 September 2007 Child means a person who is a Tokelauan and is under the age of 21 years Tokelauan means a person belonging to the Polynesian race of the Tokelau Islands; and includes a person descended from a Tokelauan.
Adoption by Tokelauan custom invalid No adoption by Tokelauan custom, whether made before or after the making of these regulations, shall be of any force or effect, whether in respect of intestate succession or otherwise.

Administrator may issue certiﬁcate of adoption Subject to the provisions of these regulations, the Administra­ tor may, on the application of any person, being a Tokelauan ordinarily resident in the Tokelau Islands, issue a certiﬁcate of adoption of a child in favour of the applicant.
3 4 (1) (2) Any such application may be made jointly by a husband and wife, both being Tokelauans, and in such a case the certiﬁcate of adoption may be issued in favour of both or either of the applicants.
Conditions of adoption The Administrator shall, before issuing a certiﬁcate of adop­ tion, be satisﬁed— (a) That the person proposing to adopt the child is a Toke­ lauan of good repute and a ﬁt and proper person to have the care and custody of the child and of sufﬁcient ability to maintain the child; and That the welfare and interest of the child will be pro­ moted by the adoption; and That the child, if over the age of 12 years, consents to the adoption; and That the natural parents or the surviving parent (if any) of the child, whether that child is legitimate or illegiti­ mate, consent to the adoption: Provided that the Administrator may, in his discretion, dispense with the consent of any such person who is permanently absent from the Tokelau Islands, or is in­ (b) (c) (d) 5 2 Reprinted as at 3 September 2007 Tokelau Islands Adoption Regulations 1966 r 9 capable of giving consent, or in the opinion of the Ad­ ministrator, is for any reason unﬁt to have the custody or control of the child, or, being a parent, has deserted the child; and (e) Where the child is female and the sole applicant is male, that the applicant is the father of the child or there are special circumstances which justify the issuing of the certiﬁcate.
Who may be adopted No person other than a Tokelauan (whether legitimate or ille­ gitimate) shall be capable of being adopted under the provi­ sions of these regulations.

Adoptions by more than one person No child adopted under these regulations shall, in the lifetime of an adopting parent and while the certiﬁcate of adoption re­ mains in force, be adopted by any other person save the hus­ band or wife of that parent.
No premium in respect of adoptions It shall not be lawful for any person adopting a child under these regulations to receive any premium or other consider­ ation in respect of such adoption except with the consent of the Administrator.
6 7 8 Effect of certiﬁcate of adoption 9 (1) A certiﬁcate of adoption shall confer the family name of the adopting parent on the adopted child with such ﬁrst or Chris­ tian name as the Administrator may ﬁx, and the adopted child shall, for all purposes civil and criminal and as regards all legal and equitable liabilities, rights, beneﬁts, and privileges and consequences of the natural relation of parent and child, be deemed in law to be the child born in lawful wedlock of the adopting parent.
(2) Upon the issue of a certiﬁcate of adoption, every adopting parent shall for all purposes, civil, criminal, or otherwise, be deemed in law to be the parent of the adopted child and be sub­ 3 r 10 Tokelau Islands Adoption Regulations 1966 Reprinted as at 3 September 2007 ject to all liabilities affecting the child as if the child had been born to the adopting parent in lawful wedlock; and the certiﬁ­ cate of adoption shall thereby terminate all the rights and legal responsibilities and incidents existing between the child and his natural parents, except the right of the child to take prop­ erty as heir or next of kin of his natural parents directly or by the right of representation.
Variation or cancellation of certiﬁcate of adoption The Administrator may in his discretion, vary or cancel a cer­ tiﬁcate of adoption, subject to such conditions as he thinks ﬁt.
Effect of cancellation of certiﬁcate Where a certiﬁcate of adoption is cancelled then, subject to such conditions (if any) as are imposed by the Administrator, the child and his natural parents shall be deemed for all pur­ poses to be restored to the same position inter se as existed immediately before the certiﬁcate of adoption was issued: 10 11 Provided that the cancellation of the certiﬁcate of adoption shall not affect anything lawfully done during the period that the certiﬁcate was in force.
12 Register of adoptions The Administrator shall keep a register of adoptions, in which shall be entered a record of all applications made under these regulations, a minute of all decisions given and all certiﬁcates issued in consequence of any such application, and a record of all variations and cancellations of such certiﬁcates.

T J SHERRARD, Clerk of the Executive Council.

Explanatory note This note is not part of the regulations, but is intended to indicate their general effect.
These regulations provide for the issue of certiﬁcates of adoption by the Administrator of the Tokelau Islands, and prescribe the condi­ 4 Reprinted as at 3 September 2007 Tokelau Islands Adoption Regulations 1966 tions on which such certiﬁcates may be issued and the effect of such adoptions.

Issued under the authority of the Regulations Act 1936.

Date of notiﬁcation in Gazette: 16 September 1966.

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