Adoption: A guide for NZ employers
The journey to build a family through adoption often involves years of waiting, complex legal processes, and unique emotional challenges. Your recognition and support as an employer demonstrate true inclusivity in your workplace while helping your employees navigate this significant life transition.
In New Zealand, domestic adoptions are relatively rare, with approximately 25-35 taking place each year. International adoptions are more common, with around 150-200 completed annually. This means adoption-related leave is an infrequent but important consideration for employers.
Statutory entitlements
Employees who are adopting a child under the age of 6 are entitled to the same parental leave benefits as biological parents:
Primary carer leave: Up to 26 weeks of primary carer leave
Paid parental leave: Up to 26 weeks of government-paid parental leave (if eligible)
Partner's leave: 1-2 weeks, depending on length of employment
Extended leave: Up to 26 or 52 weeks of extended leave (depending on length of employment)
Important timing note: For adoptions, parental leave entitlements begin from the date the employee assumes care of the child, not from a "due date", as with biological births.
Potential upcoming changes
The Regulatory Systems Amendment Bill (currently progressing through Parliament) includes changes that would give non-biological parents, including adoptive parents, more flexibility:
It would clarify that eligible employees can stop working within a reasonable period of becoming the primary carer of a child under the age of six rather than having to stop working immediately when they become a primary carer.
This change would particularly benefit those who take on the care of a child unexpectedly or through informal arrangements that later become formalised.
Under the current rules, some adoptive parents have been declined parental leave payments because they did not take parental leave or stop working from the exact date they became the child's primary carer.
Best practices for employers
While statutory entitlements remain the same, employers can acknowledge the additional challenges of multiple births through supportive policies.
Flexible timing
The adoption process can be unpredictable:
Allow for flexible start dates for leave when possible
Create contingency plans for work coverage
Consider allowing leave to be taken in chunks rather than continuously for pre-placement meetings, court appearances, and initial bonding
Additional support
Consider offering:
Time off for adoption agency meetings, home studies, and court appearances
Leave for bonding before the official placement
Extended leave options beyond statutory requirements
Gradual return-to-work programmes
Employee assistance programmes with resources specific to adoptive parenting
Coaching for managers on how to support employees through the adoption process
Creating a supportive policy
As the Parental Leave and Employment Protection Act 1987 explicitly addresses adoption, your parental leave policy should too:
Use inclusive language throughout (e.g., "becoming a parent" rather than "giving birth")
Clearly state eligibility for employees pursuing adoption
Outline any additional benefits or support your organisation offers
Include links to relevant support resources, such as:
Adoption New Zealand: Information and support for families going through adoption
Open Adoption Network NZ: Support group for birth parents, adoptive parents and adoptees
Inter-Country Adoption New Zealand: Support for families pursuing international adoption
Need a hand improving your policy or modelling the cost?
Gain our insights from creating the largest NZ database of verified parental leave policies, a growing number of which include specific provisions to support employees who are adopting a child.
Now for the important legal part: The information we provide is general and not regulated financial advice for the purposes of the Financial Markets Conduct Act 2013. Please seek independent legal, financial, tax or other advice in considering whether the content in this article is appropriate for your goals, situation or needs. The information in this article is current as at 7 April 2025.
Stephanie Pow
Founder & CEO of Crayon
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