Te Kōpū Whāngai: He Arotake Review of Surrogacy

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

We have examined the issues and identified options for reform. We are now seeking your views.

Kōrero mai | Have your say

Tell us your views on reforming surrogacy laws

You can make a submission by completing the consultation survey online or by writing to us.

The consultation survey summarises the issues and options for reform identified in the Issues Paper and asks a series of questions. If you want to read our full analysis you can download the Issues Paper at any time.

If you prefer, you can download and complete a WORD version of the consultation survey or you can respond directly to the more detailed Issues Paper.

Click the button below to start the survey. Remember to click save your answers when you complete each topic. You can go back and edit your answers by clicking the relevant topic link on the right-hand side.

At the end of the survey, we will ask for some information about you, including your email address. You will also be able to review all your answers before sending them to us.

Consultation closes 1 October 2021.

Have your say on these topics:

  • Guiding principles for surrogacy law reform

  • Approving surrogacy arrangements

  • Financial support for surrogates

  • Establishing legal parenthood

  • International surrogacy

  • Children’s access to information

  • Access to surrogacy

  • Māori and surrogacy

Ngā pātai | Common questions

Surrogacy is an arrangement where a woman (the surrogate) agrees to become pregnant and carries and delivers a child for another person or couple (the intended parents) who plan to raise the child from birth. Surrogacy is legal in Aotearoa New Zealand and is becoming more common as a method of family-building.

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.

The laws around surrogacy are outdated and need to be improved to safeguard the best interests of children and meet the needs and expectations of New Zealanders.

The Commission will use your submission to inform our review, and we may refer to your submission in our publications. We will also keep all submissions as part of our official records. Information supplied to the Commission is subject to the Official Information Act 1982.

We will publish the submissions we receive on our website once we have published our final report. Your submission will be publicly available, but we will not publish your name or contact details if you are submitting as an individual and not on behalf of an organisation.

If you do not want us to release identifying information or any other part of your submission or do not want your submission to be referred to in our publications, please explain in your submission which parts should be withheld and the reasons. We will take your views into account in deciding:

  • whether to withhold or release any information requested under the Official Information Act;
  • if and how to make your submission publicly available on our website; and
  • if and how to refer to your submission in our publications.

The Commission complies with the Privacy Act 2020, which governs how it collects, holds, uses and discloses personal information you provide. You have the right to access and correct your personal information.

Consultation on surrogacy reform closes 1 October 2021. We will review all submissions and take these into account when we report our final recommendations for law reform to the Government in 2022. The Government will then decide whether and how it will amend the law.

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 looks at how the current adoption process operates in surrogacy arrangements and considers 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.

Whakapā mai | Keep in touch

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