Re Chauvin-Baker [2021] NZFC 11710

Published 14 December 2021

Adoption — final order — surrogacy agreement — IVF — fit and proper persons — Adoption Act 1955, s 10 — Adoption (Intercountry) Act 1997 — Status of Children Act 1969 — Covid-19 International Surrogacy Protocol. 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 (by means of a gestational carrier agreement) 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 that 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. The Judge made a final adoption order in favour of the applicants. Judgment Date: 19 November 2021. * * * Note: names have been changed to comply with legal requirements. * * *