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Te Kōpū Whāngai: He Arotake

Review of Surrogacy

Review Status

Te Aka Matua o te Ture | Law Commission is conducting a review of surrogacy in Aotearoa New Zealand.

We will hold public consultation in August 2021.

Register now for updates and we’ll let you know when we release our consultation paper.

Our Review Will Consider

Te Ao Māori and Surrogacy

Surrogacy from an ao Māori perspective and how the law should address any matters of particular concern to Māori

Regulation of Surrogacy

How surrogacy arrangements should be regulated within Aotearoa New Zealand

Payments to Surrogates

Whether legal payments to surrogates should be expanded and what types of payments should be permitted

Legal Parenthood

How the law should attribute legal parenthood in surrogacy arrangements

International Surrogacy

How our law should provide for international surrogacy arrangements

Access to Birth History

What information should be available to children born from surrogacy arrangements

Common Questions

What is surrogacy?

Surrogacy is an arrangement where a woman (the surrogate) agrees to carry and deliver a child on behalf of another person or people who intend to raise the child from birth (intending parents).

What is the Law Commission’s role?

We are an independent, publicly-funded agency that provides law reform advice to the Government. We approach each law reform task with an open mind, undertake wide-ranging engagement and consultation, consider the broader policy context and make recommendations to achieve better law for Aotearoa New Zealand. Read more about us here.

Why is the Commission involved?

The Minister of Justice referred a review of surrogacy to the Commission in 2020 as part of our work programme.

Is this review about adoption?

Right now, intending parents must rely on adoption law to become the legal parents of a child born as a result of surrogacy. Our review will look at how the current adoption process operates in surrogacy arrangements and consider whether there should be a different process for intending parents to become legal parents. The Ministry of Justice is undertaking a wider review of adoption laws.

Is the Commission receiving views now?

We will hold formal public consultation in August 2021. At that time, we will publish a paper on the problems we identify and our draft reform proposals. We will seek your views via this website. In the meantime, you can get in touch to share your personal experience with the surrogacy process or let us know your views on what we ought to consider as part of our review.

When will changes be made?

We will report to the Government in 2022 with our recommendations for law reform. The Government will then decide whether and how it will amend the law.

Share your experience

We are not seeking formal submissions yet but you can let us know about your personal experience with the surrogacy process or share your views on what we ought to consider as part of our review.

Contact the team

surrogacy@lawcom.govt.nz

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