Knowledge base articles

International Surrogacy

In all cases of international surrogacy where it is arranged for a child to be born to a surrogate mother overseas with the intent that the child be brought back to live in New Zealand, New Zealand law applies.

Under New Zealand law, the birth mother and her partner, if she has one, are considered to be the legal parents of the child. Even if the commissioning parents are genetically related to the child or are identified on the birth certificate, they are not considered the legal parents under New Zealand law.

Residence Visa for the child 

  • As the birth mother and her partner are considered to be the legal parents, the child will not be eligible for New Zealand residence unless the child has been adopted by a New Zealand resident/citizen and the adoption meets the necessary adoption requirements (i.e. Hague Convention).
  • Before the process of surrogacy and adoption begins, the adoptive parents must contact Oranga Tamariki (Ministry for Children) and the Department of Internal Affairs to ensure the process complies with all relevant New Zealand laws. 

Oranga Tamariki (Ministry for Children)

Department of Internal Affairs


Temporary entry visa for the child

  • While there are no immigration instructions to facilitate the entry of children born as the result of international surrogacy arrangements, there is an agreed process to allow the Minister of Immigration to consider the temporary entry of such children on a case by case basis, so that their adoption process can be finalised.
  • INZ requires evidence of a genetic link between at least one of the commissioning parents and the child, as well as evidence that adoption proceedings are underway with the New Zealand Family Court. 


Citizenship

The only way a child born as the result of an international surrogacy arrangement can become a New Zealand citizen is by Ministerial grant by the Minister of Internal Affairs, unless the commissioning parents have adopted the child.

Even if the child has become a citizen, the parent-child relationship is not legally established until an adoption process is completed. 


Information for parents and lawyers

Immigration New Zealand has a joint approach for surrogacy matters with Oranga Tamariki and the Department of Internal Affairs. Further information is available on the Oranga Tamariki website.

Information Fact Sheet: International Surrogacy

Surrogacy arrangements in Thailand

New Zealanders are advised not to engage in commercial surrogacy arrangements in Thailand.  On 30 July 2015, the ‘Protection of Children Born from Assisted Reproductive Technologies Act’, which places tight restrictions on commercial surrogacy in Thailand, came into effect there. The Act severely limits who may engage in a surrogacy arrangement and imposes sanctions for those that do not comply.