The Government is looking to reform the laws around surrogacy in New Zealand. These reforms are focussed on enhancing the experiences of the individuals involved in having a baby through surrogacy.

The current framework for the adoption of a baby born by surrogacy is nearly 70 years old, containing laws that do not reflect modern day views on surrogacy or adoption.

A report around the proposed improvements to the framework for adoption by surrogacy has been released by Te Aka Matua o te Ture Law Commission. This report contains 63 recommendations on how to improve surrogacy adoption law.

These recommendations include:

  • The establishment of a surrogacy birth register for people to access information about their birth origins and whakapapa;
  • Clarifying the types of payments a surrogate can receive as costs relating to a surrogacy arrangement;
  • The inclusion of infrastructure to facilitate international surrogacy arrangements;
  • Removing the requirement for the parents of a surrogate-born child to adopt the child, and creating new processes to determine the legal parents of the child.

These reforms will make it easier for individuals who wish to enter into surrogacy arrangements and will provide more clarity of the rules and regulations around doing so.

If there is confusion around entering into a surrogacy agreement, it pays to seek advice from a professional with experience in the area.


Leading law firms committed to helping clients cost-effectively will have a range of fixed-price Initial Consultations to suit most people’s needs in quickly learning what their options are.  At Rainey Collins we have an experienced team who can answer your questions and put you on the right track.

Gianna Menzies & Matthew Binnie

Litigation Team