Practice of adoption in Aotearoa before the 1881 Adoption of Children Act
DOI:
https://doi.org/10.11157/anzswj-vol32iss3id768Keywords:
Adoption, wh?ngai, kinship, M?ori, EuropeanAbstract
INTRODUCTION: With the arrival of Europeans in Aotearoa New Zealand came a familial kinship structure and ideas of caring and nurturing children different from that of indigenous Māori society. Europeans brought with them a practice of adoption, a concept that differed from the indigenous kinship practice of whāngai. This led to misunderstandings between the two cultures about care arrangements, particularly when a Māori child was left with a European couple. Even the reasons why Māori engaged in this type of arrangement was often not fully understood by Europeans. For Māori, these arrangements were usually temporary, while Europeans considered them to be permanent. Hence, we have the beginning of the challenges that contributed to the creation of the 1881 Adoption of Infants Act, a first within the British Empire.
APPROACH: This article begins with a description of the Māori practice of whāngai and the European practice of adoption preceding the 1881 act, highlighting the key differences between each—the most significant difference being the European idea of permanent and the Māori idea of temporary care arrangements.
References
Aginsky, B. W., & Buck, T. R. H. (1940). Interacting forces in the Maori family. American Anthropologist, 42(2), 195–210.
Adoption Act 1955. Reprint as at 07 August 2020.
Amendment to the Neglected and Criminal Children‘s Act. (1870).
An Act to consolidate and amend certain enactments of the General Assembly relating to the adoption of children. (1955). [Short title: Adoption Act 1955].
An Act to grant a Representative Constitution to the Colony of New Zealand. (1852). [Short title: New Zealand Constitution Act 1852].
An Act to Legalize the Adoption of Children. (1881). [Short title: The Adoption of Children Act, 1881].
An Act to Provide for the Care and Custody of Neglected and Criminal Children. (1867). [Short title: The Neglected and Criminal Children Act, 1867].
An Ordinance for the Support of Destitute Families and Illegitimate Children. (1846). [Short title: Destitute Persons, 1846].
Bradley, J. (1997). Kei konei tonu matou [We are still here]. In
Adoption and Healing: Proceedings of the international conference on Adoption and Healing. Wellington, NZ: New Zealand Adoption Education and Healing Trust.
Caversham Industrial School. (1880). Report of Commission appointed to inquire into the working and management of. Retrieved from https://atojs.natlib.govt.nz/cgi-bin/ atojs?a=d&d=AJHR1880-I.2.2.3.9
Daily Southern Cross. (1843). The Euronesians, Or the Children of European and Native Parents. (Vol. I), 23, 23 September.
Daily Telegraph. (1889). Waipawa. Issue 5494, 05 April.
Else, A. (1991). A question of adoption: Closed stranger adoption in New Zealand 1944-1974. Bridget Williams Books.
Gillard-Glass, S., & England, J. (2002). Adoption New Zealand: The never-ending story. Harper Collins Publishers.
Graham, G. (1948). Whangai tamariki. The Journal of the Polynesian Society, 57(3), 268–278.
Griffith, K. (1997). New Zealand adoption: History and practice, social and legal, 1840–1996: process and practice, special issues, records and access, Maori adoption, statutes and rules, bibliography, case law indexes. Author.
Griffith, K. (1981). Adoption: Procedure—Documentation - Statistics, New Zealand 1881–1981 100 Years. Victoria University Press.
Hope, G. W. (1843). The Euronesians, or the children of European and native parents. The Southern Cross. (Vol. I), 23, 23 September.
Mead, S. M. (1997). Tamaiti whangai: The adopted child. In Landmarks, bridges and visions (pp. 204–212). Victoria University Press.
Metge, J. (1995). New growth from old: The whānau in the modern world. Victoria University Press.
Mikaere, A. (1994). Maori Women: Caught in the Contradictions of a Colonised Reality. Waikato Law Review Vol. 2. Retrieved from http://www.waikato.ac.nz/ law/wlr/1994/article6-mikaere.html.
Newman, E. (2011). A right to be Māori? Identity formation of Māori adoptees (Master’s thesis). University of Otago, Dunedin.
New Zealand Herald. (1888). Untitled. (Vol. XXV), 9024, 10 April.
New Zealand Mail. (1882). Untitled. Issue 564, 25 November. New Zealand Parliamentary Debates. (1881). (Vol. 39). Government Printer.
New Zealand Spectator and Cook Strait Guardian. (1852). On the causes of decay among the New Zealand Race. Preview of the report (Vol. VIII), 722, 26 May.
New Zealander. (1846). Legislative Council. (Vol. 2), 72, 17 October.
Otago Daily Times. (1888). Special Telegram: A Strange Application. Issue 8154, 11 April.
Otago Witness. (1888). Telegraphic Briefs. Issue 1899, 13 April.
Papakura, M. (1986). The old-time Maori. New Women’s Press. Retrieved from http://www.nzetc.org/tm/scholarly/ tei-MakOldT-t1-body-d2.html
Report on Education. (1881). Industrial Schools and Orphanages (Papers Relating To). Retrieved from https:// atojs.natlib.govt.nz/cgi-bin/atojs?a=d&d=AJHR1881-I.2.1. 6.9&e=-------10--1------0--
Soanes, C., & Stevenson, A. (Eds.). (2008). Concise Oxford English dictionary (11th ed.). Oxford University Press. [Original edition, 1911].
Tennant, M. (2007). The fabric of welfare: Voluntary organisations, government and welfare in New Zealand 1840–2005. Bridget Williams Books.
Te Rito, J. S. (2007). Whakapapa: A framework for understanding identity. MAI Review, 1–10. Retrieved from http://www.review.mai.ac.nz/mrindex/MR/article/download/56/56-65-1-PB.pdf
Walker, P. (2001). The Fox boy: The story of an abducted child. London, UK: Bloomsbury Publishing.
Walker, S. (2001). The Maatua Whangai Programme o Otepoti: From a caregiver perspective (Master’s thesis). University of Otago, Dunedin.
Wanganui Herald. (1877). (Vol. XII), 2972, 30 June.
Wellington Independent. (1869). Local and General News: Brutality Extraordinary. (Vol. XXIV), 2867, 27 July.
Williams, H. (1992). Dictionary of the Maori Language (5th ed.). Wellington, NZ: GP Publications.
Willis, A. (1901). Regulations under Section 50 of “The Native Land Claims Adjustment and Laws Amendment Act, 1901”. The New Zealand Gazette, 12 December (Vol. 104. p. 2352).
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