Government fast tracks changes to ‘outdated’ surrogacy laws

The Government has moved to fast track the reform of “discriminatory” surrogacy laws, which currently require intended parents to adopt their child born by surrogacy.

Minister Kiri Allan announced on Tuesday it would adopt Labour MP Tāmati Coffey’s Improving Arrangements for Surrogacy Member’s Bill as a Government Bill.

“Surrogacy has become an established method of forming a family for people unable to carry a child themselves. However, the laws that apply to surrogacy are outdated and need to change,” Allan said.

“Currently, parents must adopt a child born by surrogacy using adoption laws made almost 70 years ago. This process is discriminatory, causes unnecessary harm and stress and reflects how outdated the system is.”

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Coffey said the move showed the Government was committed to ensuring surrogacy laws suited the needs of modern families.

“Given I am signing out of politics at this election, it’s a relief that I can hand this baby over to Minister Allan, who will make surrogacy the equitable and mana-enhancing process it needs to be,” Coffey said.

Coffey’s Member’s Bill has already been introduced to Parliament and is currently before the Health Select Committee.

Allan said the Government would support the Committee to consider how the Bill could be amended to include recommendations from the recent report of surrogacy laws by Te Aka Matua o te Ture Law Commission.

The Commission made 63 recommendations in the report on the reform of surrogacy law and practice, including removing the need for intended parents to adopt their child born by surrogacy, establishing new processes to determine the legal parents of a child and establishing a surrogacy birth register.

The recommendations also included clarifying the types of payments a surrogate can receive for costs relating to a surrogacy arrangement and accommodating international surrogacy arrangements.

Fertility New Zealand board member Juanita Copeland said the escalation of Coffey’s Member’s Bill highlighted the importance of having a legal framework to support surrogacy.

“There has long been a need for greater clarity and protection for everyone involved in surrogacy and this Bill will provide that. It will make it easier for people to build the family they have always dreamed of while honouring the tremendous gift that surrogacy is,” Copeland said.