Surrogacy in New Zealand and Overseas

Surrogacy enables intended parents to grow their families with the help of a surrogate
who carries a child on their behalf. In New Zealand, surrogacy is legal but tightly
regulated to protect the wellbeing of the surrogate, intended parents, and—most
importantly—the child. Stewart assists with the legal processes for both domestic and
international (crossborder) surrogacy arrangements, ensuring clarity, compliance, and
informed decisionmaking.

Domestic Surrogacy in New Zealand

Legal Status of Surrogacy
Surrogacy in New Zealand is legal only when altruistic—a surrogate cannot be paid
beyond reasonable expenses. Commercial surrogacy is not permitted. Surrogacy
arrangements are not legally enforceable, meaning the surrogate (and her partner, if
applicable) is considered the child’s legal parent at birth until a subsequent adoption
transfers legal parentage to the intended parents.

Approval Requirements (ECART)
All fertility clinicassisted surrogacies in New Zealand must be approved by the Ethics
Committee on Assisted Reproductive Technology (ECART) before treatment can begin.
ECART reviews every case carefully to ensure the arrangement is ethical, safe, and in
the best interests of the surrogate and the child.

Finding a Surrogate
Fertility clinics in New Zealand cannot match intended parents with surrogates. Most
domestic surrogacy arrangements arise through personal networks such as friends,
whānau, colleagues, or community groups, including https://lovemakes.family/

International (CrossBorder) Surrogacy
Many New Zealand families explore surrogacy overseas due to the limited availability of
surrogates domestically. International surrogacy adds layers of legal, ethical, and
immigration considerations.

New Zealand’s Legal Position
New Zealand does not automatically recognise intended parents from international
surrogacy arrangements as the child’s legal parents. The surrogate (and her
spouse/partner) is considered the legal parent under New Zealand law, even if the
overseas jurisdiction recognises the intended parents. A New Zealand adoption process
is generally required to transfer legal parentage.

Key Challenges in International Surrogacy
• Children born through international surrogacy do not automatically acquire New
Zealand citizenship or residency.
• Intended parents may face complex legal and immigration steps before bringing
their child home.

Ethical Considerations in Surrogacy
Autonomy in surrogacy has limits when weighed against ethical concerns such as:
• The potential for coercion or pressure on a surrogate
• The safety and wellbeing of all parties
• The child’s longterm interests
Whether domestic or international, surrogacy must always prioritise informed consent,
transparency, and the rights of the child.

Countries New Zealand Recognises as Permitting International Surrogacy
One of the most important—and misunderstood—issues for intended parents is whether
New Zealand “recognises” particular countries as permitting or supporting international
surrogacy.

New Zealand does not maintain an official list of approved or recognised international
surrogacy countries
According to Oranga Tamariki’s International Surrogacy Fact Sheet, New Zealand
provides guidance and warnings but does not publish a list of countries where surrogacy
is permitted or recommended. Instead, the government emphasises that:

• Overseas surrogacy laws vary widely and may change without notice.
• Intended parents must ensure their arrangement complies with the laws of the
overseas country.
• New Zealand agencies (Oranga Tamariki, DIA, Immigration NZ) strongly advise
seeking independent legal advice before choosing a country.

This means New Zealand does not certify any country as “approved” for international
surrogacy. Every crossborder arrangement is assessed casebycase.

Countries Commonly Known to Permit Surrogacy (Not NZapproved, but permitted
overseas)
Intended parents must ensure any overseas arrangement complies with the laws of the
chosen country.

Although New Zealand does not formally “recognise” countries for surrogacy,
international reporting identifies certain jurisdictions where commercial or altruistic
surrogacy is legally permitted. This is helpful for clients researching where arrangements
may be lawfully undertaken overseas.

Countries Where Surrogacy Is Legal and Commonly Offered Internationally
The following countries are major international surrogacy destinations which have been
utilised by New Zealanders:

United States (certain states): Several U.S. states offer highly supportive legal
frameworks for foreign intended parents (singles, heterosexual couples, and LGBTQ+),
including prebirth parentage orders and wellregulated surrogacy procedures. The U.S. is
considered a stable, legally secure option due to strong protections and advanced
medical services for international surrogacy.

Republic of Georgia: Georgia permits commercial surrogacy for married heterosexual
couples and is known for offering structured, legally secure surrogacy programs, with
strong legal assurance for intended parents.

Mexico: Mexico allows altruistic surrogacy in certain states and provides an accessible,
lower‑cost option for singles, heterosexual couples, and LGBTQ+ intended parents.
Legal protections and reliability vary by region, but it has become a popular destination
due to affordability and inclusive eligibility.

Colombia: Colombia permits altruistic surrogacy and welcomes singles, heterosexual
couples, and LGBTQ+ parents under a relatively reliable legal framework. It is regarded
as an affordable and legally supportive option for international intended parents.

Countries That Have Restricted or Closed Surrogacy to Foreigners
Countries once popular for international surrogacy have since closed their markets or
restricted foreigners from participating:
• Thailand – now closed to foreigners following legal reforms.
• Nepal – closed after court rulings.
• Cambodia – closed following legislative changes.

What This Means for New Zealand Intended Parents
Because New Zealand does not recognise foreign surrogacy parentage orders (even if
valid overseas), the legal parent in New Zealand will always be:
• The birth mother (surrogate), and
• Her partner (if she has one), until adoption occurs in New Zealand.
• New Zealand has no immigration policy designed to facilitate entry of children
born via overseas surrogacy;
• Visa decisions are made casebycase by the Minister of Immigration; and
• DNA evidence may be required to verify genetic links (where applicable)
For these reasons, selecting a country with a predictable legal framework and ethical
safeguards is essential.

How Our Firm Assists
Stewart has helped numerous clients with their surrogacy journey (both domestically and
internationally). He has three children of his own through surrogacy, he is therefore
uniquely placed to provide full legal support for surrogacy arrangements, including:

• Independent legal advice for ECART applications
• Drafting and reviewing surrogacy agreements
• Advising intended parents and surrogates on rights, responsibilities, and
expectations
• Managing adoption proceedings after birth
• Assisting with all aspects of international surrogacy, including adoption,
citizenship and immigration steps
• Working alongside fertility clinics, counsellors, and ethical review bodies