The Complex World of Surrogacy in New Zealand

Seventy-year-old legislation mixed with modern reproductive science creates a difficult and stressful process for parents having babies by surrogacy. In New Zealand, surrogacy is governed by the Adoption Act 1955, which has not kept up with the advancements in reproductive technology.

The Current State of Surrogacy Law

The current laws surrounding surrogacy can be overwhelming and invasive. For gestational surrogacy, the process involves several steps, including confirmation that there is a medical reason for the intended parents to use a surrogate, signing off as medically fit, counselling, legal advice, and finally, adopting the child from the surrogate.

Rebecca Addison, who has been a surrogate twice, believes that the current system is flawed. “Despite the fact that the child carries none of my genetics or DNA and it’s not my child at all… I am the legal mother of that child because I am the one giving birth to it,” she says.

The process also involves significant involvement from Oranga Tamariki, which can be stressful for those involved. Stewart Dalley, a lawyer who specializes in surrogacy, notes that the agency conducts interviews, checks on financial disclosure, and assesses the home environment to ensure the child’s safety.

The Proposed Law Change

The proposed law change aims to make the process smoother for people doing gestational surrogacy. Dalley explains that if the bill passes, the surrogate and intended parents would be effectively guardians of the child for a set period, after which they could sign a statutory declaration stating the intended parents are the parents. This would simplify the process and reduce stress.

However, traditional surrogacy using the pregnant person’s own egg and one of the intended parents’ sperm would not see significant changes under the proposed law change. Dalley believes that it is an adoption by any other name, as the process remains essentially the same.

Conclusion

The current laws surrounding surrogacy in New Zealand are complex and can be stressful for those involved. While the proposed law change aims to simplify the process for gestational surrogacy, more work needs to be done to address the issues faced by traditional surrogacy and other forms of reproductive technology.

As Rebecca Addison notes, “Any medical decisions during the pregnancy are mine, once the child is born, the child is still legally mine, so, you know, that part of the system is a problem.” The proposed law change is a step in the right direction, but it is essential to continue working towards a more streamlined and supportive system for all forms of surrogacy.

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