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Re Raja [2023] NZFC 11507

Published 16 November 2023

Adoption application — surrogacy — consent — welfare and best interests — Status of Children Act 1969 — Adoption Act 1955, ss 7, 8 & 10 — Adoption (Intercountry) Act 1997 — Family Court Rules 2002, rr 3, 15 & 16 — Family Court Protocol for the Adoption by New Zealand-based Intended Parents of Children Born by Surrogacy Overseas. This hearing was to determine an application for final adoption of a child by the applicants. The child had been conceived via a commercial surrogacy arrangement. The Judge determined that the jurisdictional requirements of the application were met. In considering the issue of consent, the Judge noted the difficulty in complying with the legislative requirements in the case of surrogacy arrangements where the child is born, and consent of the surrogate is given, overseas. The Judge was satisfied on the evidence provided that consent had been given in these circumstances. The Judge was satisfied that a final adoption order should be made, and made an order in favour of the applicants accordingly. The Judge also directed that the child's birth certificate be issued to include names of both parents. Judgment Date: 8 November 2023. * * * Note: names have been changed to comply with legal requirements. * * *