district court logo

Fischer v Fischer [2019] NZFC 6116

Published 31 August 2021

Adoption — surrogacy — fit and proper person — biological child — Ethics Committee on Assisted Reproduction — Adoption Act 1955, s 11. The applicant sought to adopt a child who had been born via a surrogacy arrangement. The applicant was the child's biological mother, however due to the applicant's health and fertility issues, the applicant's sister had acted as a surrogate in giving birth to the child. Under New Zealand law, the parents and legal guardians of a child are the woman who gave birth the child, and her partner. The applicant wanted to rectify the legal situation so it reflected the actual situation of the child. The Judge was satisfied the mother was a fit and proper person to raise and care for the child and it was in the welfare and best interests of the child for the adoption to be granted. Judgment Date: 1 August 2019. * * * Note: names have been changed to comply with legal requirements. * * *