The new Protocol in town is the “Family Court Protocol for the Adoption by New Zealand-Based Intended Parents of Children Born by Surrogacy Overseas”. Its stated aim is “to provide a framework to secure legal parenthood for children born by surrogacy overseas, in a child focussed manner, and in a timely way”.

Our Surrogacy author for Child Law, Professor Debra Wilson from University of Canterbury, Faculty of Law, notes that if the Protocol applies, the intended parents will be able to make an application for adoption to the Family Court from outside of New Zealand. She advises that the Protocol applies if certain conditions are met, or if one of the judges overseeing the Protocol is satisfied that the New Zealand court is the appropriate forum to hear the matter and that the use of the Protocol would be in the best interests of the child.

In terms of review, the new Protocol notes that it will be reviewed periodically and will continue to operate through the review periods. It says: “The protocol will be in operation until the government changes the Adoption Act 1955 and/or regulates international surrogacy in some other legislation.”

A copy of the Protocol can be accessed in the “Practice Notes and Protocols” chapter of the Child Law product. It can also be accessed in the “Protocols” section of the "Practice Notes, Protocols and Guidelines" chapter of Family Precedents.