Whether you are the intending parent(s) or the surrogate mother or partner, the surrogacy process is special to be a part of. Surrogacy laws in New Zealand however can be difficult to navigate and therefore we recommend that both parties obtain legal advice early on in this process.

In New Zealand, the current law is that the birth mother is considered the parent of the child, alongside her partner (if she has one). The intending parents have no parenting rights in relation to the child, regardless of whether the genetic material of one or both of them was used. 

Following the birth of a child born via surrogacy, in order for the intending parents to become the parents of the child legally, the intending parents need to apply to the Family Court to adopt the child. The application process is complex and therefore it is best to start preparing for this process well before the baby is born and to have legal assistance with this. The court must be satisfied that the intending parents are “fit and proper” people to adopt the child, and the birth mother and her partner (if she has one) must consent to the adoption. 

Surrogacy arrangements which involve clinical assistance also require approval from the Ethics Committee Assisted Productive Technology (“ECART”). Part of this process requires that both parties receive legal advice and understand the legal issues associated with surrogacy. We can assist with this advice and with preparing the legal report required by ECART.

 

FOR MORE INFORMATION

 

If you are considering entering into a surrogacy arrangement, and would like to discuss your specific situation, please contact one of our family law experts:

Surrogacy in New Zealand - Article Photo