Re Markov [2021] NZFC 4218

Published 17 June 2022

Adoption application — final adoption — surrogacy — Adoption Act 1955 — Status of Children Act 1969. This was an application for the final adoption of a child born overseas via surrogacy. The child was born from the applicant father's gametes and an anonymous donor egg, by an unrelated surrogate. The applicants returned with the child to New Zealand where they were already citizens. The s 10 social worker's report outlined that both parties intended to jointly parent the resulting child when they sought out the surrogacy arrangement, and asserted that a final adoption order would affirm their status as the child's legal parents. The Court found that the Adoption (Intercountry) Act did not apply, stating that through his parents' intention the child's habitual residence was New Zealand. The consent given by the surrogate was found to have been validly executed. The Court was satisfied that the applicants were fit and proper people and that the adoption would promote the child's welfare and best interests. A final adoption order was made in favour of the applicants. Judgment Date: 5 May 2021 * * * Note: names have been changed to comply with legal requirements. * * *