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Re Cheng [2019] NZFC 10638

Published 12 April 2021

Adoption — final order — surrogacy arrangement — habitual residence — commercial contract — fit and proper persons — Adoption Act 1955, ss 10, 11, & 25 — Adoption (Intercountry) Act 1997. The applicants sought to adopt a child born in the United States of America through a surrogacy arrangement. One of the applicants was the child's biological father. Both the surrogate mother and her husband had given consent for the adoption to occur and there were no issues under the Adoption (Intercountry) Act as it was always the intention of all involved persons that the child's habitual residence would be New Zealand, not the USA. The Judge was satisfied the applicants were fit and proper persons to raise the child and that it was appropriate in the circumstances to make a final adoption order. Judgment Date: 16 December 2019. * * * Note: names have been changed to comply with legal requirements. * * *