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New Zealand’s surrogacy laws need reform

Currently, surrogacy in New Zealand is regulated by the Assisted Reproductive Technology Act, but it does not address the legal parentage of the child at all. Therefore, the woman who gives birth and her partner are the legal parents of the child. Even judges call such a gap in the law “inadequate”. In reality, it turns out that the intended parents who have a complete genetic connection with the child have to go through a long and expensive process of adopting their children, this distorts the personality of the child and creates an unnecessary legal fiction. So, because of this legal confusion, the Law Commission is now proposing legislative reforms in which the best interests of the child should be paramount. Because placing the responsibility on intended parents to adopt their children from surrogate parents who never intended to be legal parents or raise children is not in the children’s best interests at all.

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