legal information
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New Zealand
If you are planning to have a child with the assistance of a surrogate, NZ law states that you will not have any legal parental rights over the child, even if you are the biological parent.
At the time of birth, the child’s legal parents will be the surrogate mother (known as the Natural Mother) and her partner, if she has one. Therefore you will be required to adopt your own child from your surrogate mother. You can find more information on the Oranga Tamariki website.
We are trying to get this changed by petitioning the NZ Government to move on this, so please sign the petition now to encourage the law change around Surrogacy and Adoption.
Surrogacies arranged in New Zealand
In New Zealand, surrogacies are an altruistic arrangement on the part of the surrogate mother and it’s illegal to pay her more than her reasonable expenses.
Some surrogacies occur by in-vitro fertilisation (IVF) and are arranged through a fertility clinic. These surrogate arrangements need to be approved by the Ethics Committee on Assisted Reproductive Technology (ECART), to make sure the surrogacy arrangement is in the best interests of the child. As part of this process, you’ll need to be assessed by Oranga Tamariki, and approved as suitable adoptive parents.
Some traditional surrogacies, where the surrogate mother’s egg is used, are completed privately and don’t involve a fertility clinic and ECART. But you are meant to complete an adoption order for the child to have a legal relationship with you. This simply means the birth parents names are changed over from the surrogate mother and her partner’s names, to your names. This requires a significant amount of paperwork and time, however it is possible to do this yourself with the court’s help, which can save a significant amount of money on legal fees.
Some surrogacies occur by in-vitro fertilisation (IVF) and are arranged through a fertility clinic. These surrogate arrangements need to be approved by the Ethics Committee on Assisted Reproductive Technology (ECART), to make sure the surrogacy arrangement is in the best interests of the child. As part of this process, you’ll need to be assessed by Oranga Tamariki, and approved as suitable adoptive parents.
Some traditional surrogacies, where the surrogate mother’s egg is used, are completed privately and don’t involve a fertility clinic and ECART. But you are meant to complete an adoption order for the child to have a legal relationship with you. This simply means the birth parents names are changed over from the surrogate mother and her partner’s names, to your names. This requires a significant amount of paperwork and
Assessment report
Australia
See information for Australia here
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