ECART Legal Reports for Surrogacy Arrangements in New Zealand

Surrogacy in New Zealand is a carefully regulated process designed to protect the
interests of the intended parents, the surrogate, and—most importantly—the child. A
central part of this regulatory system is the requirement for ECART approval before
clinicassisted surrogacy can proceed. Stewart has extensive experience supporting
clients through this journey, he can help prepare the legal reports and advice required as
part of an ECART application.

What is ECART?
The Ethics Committee on Assisted Reproductive Technology (ECART) is a ministerial
committee established under the Human Assisted Reproductive Technology (HART) Act 2004. ECART reviews, determines, and monitors applications for assisted reproductive
procedures including surrogacy.
All clinicassisted surrogacy arrangements require casebycase ECART approval before
treatment can begin.

When is ECART Approval Required?
ECART approval is required for any fertility treatment involving:
• Surrogacy
• Donor eggs used with donor sperm
• Donor embryos
• Donations between certain family members
These applications undergo a robust ethical and legal review to ensure all parties’ rights,
interests, and wellbeing are protected.

What Are ECART Legal Reports?
As part of the ECART approval process, intended parents and the surrogate must obtain
independent legal advice, and this advice must be documented and submitted in the
application. This is often referred to as the ECART legal report.

Legal reports ensure that:
• All parties fully understand the legal implications of surrogacy.
• The surrogate and her partner understand that they remain the legal parents at
birth until a formal adoption occurs.
• Intended parents understand the legal steps required postbirth (including
adoption).
• The agreement reflects informed consent and raises no concerns around
coercion or undue pressure—principles ECART takes seriously when reviewing
applications.
ECART also considers whether the arrangement aligns with ethical guidelines issued by
the Advisory Committee on Assisted Reproductive Technology (ACART). These guidelines cover matters such as clinicassisted surrogacy, family gamete donation, embryo donation, and use of donor gametes.

What Does the ECART Application Process Involve?

The surrogacy application process typically involves:

1. Medical assessments for the surrogate, intended parents, and any donors.
2. Counselling sessions—usually one or two for each party—with specialised
   fertility counsellors, as well as joint counselling sessions.
3. Preparation of legal reports confirming independent legal advice for all parties.
4. Submission of the application, including supporting evidence, by the fertility clinic.
5. Review by the ECART committee, which meets bi-monthly.
   
   

From the start of the ECART application to treatment commencement (if approved), the
process generally takes 6–8 months.

Costs and Funding
• ECART charges an application fee, which covers the preparation of
documentation, medical assessments, counselling, and administration.
• This fee is not covered by public funding, even if the fertility treatment itself is
publicly funded.
• Independent legal advice—which is mandatory for surrogacy—is an additional
cost not included in clinic fees. Intended parents pay for both their own legal
advice and that of the surrogate.

Key Legal Considerations
• Surrogacy agreements in New Zealand are not legally enforceable. The
surrogate (and her partner, if applicable) remains the legal parent(s) until an
adoption order transfers parentage to the intended parents.
• ECART’s guiding principles emphasise the protection of all parties, recognising
that autonomy in surrogacy is not absolute—ECART may intervene if concerns
arise around consent, coercion, or risk.
• All clinicassisted surrogacy must comply with ACART guidelines, ensuring
ethical, safe, and culturally appropriate processes.

How We Assist
Stewart provides comprehensive legal support throughout the ECART process,
including:
• Preparing independent legal advice reports for intended parents and surrogates.
• Reviewing any proposed surrogacy arrangement and highlighting legal risks.
• Advising on adoption requirements postbirth.
• Coordinating with fertility clinics and counsellors to ensure all documentation is
compliant and complete.

Stewart ensures every client is fully informed, supported, and prepared—legally and
ethically—before entering into a surrogacy arrangement.