The Commission believes the current law lacks a coherent set of guiding principles. The Commission endorses the principle that the child's welfare and interests must be the most important consideration throughout the adoption process. Having three different laws in this area, the Commission says, introduces unnecessary incoherence and inconsistency in the law. The Commission recommends creating a new Care of Children Act. This law would state the responsibilities and rights of parenthood.
Adoption can then become one of a number of options for the permanent care of a child.
The Commission recommends that any new law should simply state that adoption involves the transfer of parental responsibilities and rights from one set of parents to another. This would make it clear that adopted children have two sets of parents, birth parents and adoptive parents, each with differing legal and social roles. In its 340 pages the report covers, in detail, many aspects of adoption law. Part I - Context Chapter 1 describes the shortcomings of the current adoption law that have led to the proposal for a Care of Children Act, and looks at some case studies. Chapter 2 explores historical ways of looking at adoption and traces the way the concept has evolved throughout NZ's history.