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Re Lo [2020] NZFC 9548

Published 16 September 2021

Adoption — international surrogacy — Adoption Act 1955, ss 5(b), 11(a)-(c) & 23 — Adoption (Intercountry) Act 1997. This was an application for the final adoption of two children born overseas via surrogacy. Each child was born from donated gametes, with the same sperm-donor being an ex partner of the applicant, and two different egg donors. Neither surrogate is biologically related to the children. The applicant returned with the children from their respective birthplaces in the United States and the children were granted temporary visitors visas in New Zealand. The s 10 social worker's report detailed the special circumstances surrounding these children, and recommended final adoption orders be made in the first instance. The applicant was a single parent, the children were carried by two different surrogates, the applicant had no genetic relationship with the children created through surrogacy, and she was a permanent resident and not a New Zealand citizen. As such, the applicant had no parental status in New Zealand, but upon adoption, the children would become New Zealand citizens. The Court found that the Adoption (Intercountry) Act did not apply, stating that the children's habitual residence was New Zealand and there was no intention that they might reside in the United States. The consents given by each surrogate were found to have been validly executed. The Court was satisfied that the applicant's adoption of both children would promote their welfare and best interests, and made a final adoption order in favour of the applicant. Judgment Date: 27 October 2020. * * * Note: names have been changed to comply with legal requirements. * * *