Re Shui  NZFC 8443
Published 23 February 2021
Adoption — international surrogacy — de facto couple — COVID-19 — Adoption Act 1955, s 10 — Adoption (Intercountry) Act 1997 — Covid-19 International
This was an application for an adoption order of a child. The child had been born overseas via surrogacy and was the biological child of one of the applicants.
Children born overseas via surrogacy needed a New Zealand passport to travel back to New Zealand, but due to the COVID-19 pandemic the processing time on
passports had been delayed. The Family Court of New Zealand had implemented an International Surrogacy Protocol, which allowed for a streamlined process for
the adoption of babies born via surrogacy.
The Judge was satisfied that the Adoption (Intercountry) Act did not apply as the child was always intended to be habitually resident in New Zealand. The Judge
was also satisfied that the applicants were fit and proper persons to take care of the child, pursuant to the Adoption Act. The Judge made a final adoption order in
respect of the applicants and directed that the social worker's report be released to the applicants. Judgment Date: 25 September 2020. * * * Note: names have been changed to comply with legal requirements. * * *