New Zealand surrogacy law changes could be coming, and they could make the process simpler, clearer, and more family-focused.

New Zealand currently applies an adoption framework to surrogacy. That means even if a baby is born through surrogacy, the surrogate (and her partner, if she has one) are the legal parents at birth. The intended parents then have to adopt their own child, a process involving Oranga Tamariki, and which many families find outdated and emotionally difficult.

The proposed Improving Arrangements for Surrogacy Bill aims to fix that.

Parents from day one

One of the most important New Zealand surrogacy law changes is that intended parents could be recognised as the legal parents from birth.

This would happen through a “surrogacy order” approved before the baby is born. If that order is in place, there’s no need for adoption later — removing stress and uncertainty at an already emotional time.

Making agreements more secure

Currently, surrogacy agreements aren’t legally enforceable in New Zealand, or Australia. The new law would change that in New Zealand.

To get a surrogacy order, there would need to be:

ethics committee approval
independent legal advice
counselling and medical assessment

These safeguards are designed to protect everyone involved, especially the surrogate.

Traditional surrogacy would be treated differently and there would still be a post-birth process to transfer parentage in those cases.

The Bill also addresses the difficult situation in a case where intended parents don’t take responsibility for the child. Under the new framework, they would still be legally recognised as parents for child support purposes. The focus remains on protecting the child.

International surrogacy

Many people go overseas for surrogacy. The proposed law recognises this reality, allowing international arrangements to be acknowledged in New Zealand — as long as similar ethical standards are met.

A child’s right to know

Another key feature of the New Zealand surrogacy law changes, is transparency.

Birth records would include information about the surrogate and any donors, supporting a child’s right to understand their genetic origins.

Clearer support for surrogates

While commercial surrogacy would still be banned, the Bill makes it clearer what expenses can be covered — including medical and legal costs, counselling, travel and lost income

It also recognises the physical demands of pregnancy, allowing workplace flexibility where needed.

It’s good to see New Zealand surrogacy law changes that would introduce laws that better reflect the reality and the community’s expectations.

Australia is completing our own surrogacy law review, with the Australian Law Reform Commission releasing it’s final report in July 2026.

If you are Australian-based intended parents with a NZ-based surrogate, or an Australian-based surrogate with NZ intended parents, it is possible to engage in surrogacy across our borders. My NZ colleague Margaret Casey KC and I have assisted a number of Aussie-Kiwi arrangements over the years and they can be the smoothest, if not a little complex, of cross-border surrogacy arrangements.