Adoption & Surrogacy


Adoption

The Adoption Act 1955 provides a process to establish a permanent legally binding relationship between adopting parents and a child.


If you are interested in adoption we can advise you on:

  • Approval as a potential adoptive parent through CYFS
  • The preparation and processing of consent documents for the birth parents to sign 
  • Placement certificates 
  • Filing an application to adopt 
  • Court processes


We can also advise you about the law and processes for international adoptions, from both Hague Convention countries and non-signatory countries.

 

Find out more about International Adoption


International Surrogacy

International surrogacy is becoming increasingly common. Couples who are unable to meet criteria in New Zealand often look overseas instead. Issues may arise involving conflict between laws e.g. where the child may be born stateless with one jurisdiction describing the commissioning parents as the parents in contrast to the New Zealand situation where the surrogate is the parent. This can make it difficult to obtain birth certificates and travel documentation. Another issue is payment for surrogacy. Commercial surrogacy is illegal in New Zealand but the norm in many other jurisdictions. How will this be dealt with in the New Zealand jurisdiction if the assistance of the Court is needed (for example with adoption processes)?

 

Our team has experience in dealing with the questions and issues that arise around international surrogacy.


Surrogacy, fertility and assisted reproduction matters

Cuba Family Law specialises in legal issues and processes relating to fertility and assisted reproduction (AHR), including:

 

  • Surrogacy (traditional and gestational) and related adoption in New Zealand 
  • International surrogacy 
  • Embryo and sperm donation 
  • Advice for gay and lesbian couples 
  • Donor insemination and donor agreements 
  • IVF procedures

 

As the law in these areas is complex, it is crucial to get advice at an early stage. We can advise you through all stages and help donors and recipients and their partners with:

 

  • Obtaining birth certificates, travel documentation and immigration documents for international surrogacy and adoption matters; 
  • Reports to ECART (Ethics Committee on Assisted Reproductive Technology); 
  • Advice on guardianship and parenting matters; 
  • Preparing adoption applications and consents for the Family Court for IVF surrogacy adoptions; 
  • Preparing donor agreements where ECART approval is not required; 
  • Information about what qualifies as an “altruistic” surrogacy arrangement; 
  • Explaining what surrogacy related costs are allowable under New Zealand law; 
  • Registration of birth requirements and issuing of birth certificates; and 
  • Additional guardianship applications.
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Contact us to discuss your plans and get advice on legal requirements and processes