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Re Knight [2019] NZFC 2482

Published 06 June 2019

Adoption — surrogacy — rights of mother — surrogate mother's consent dispensed with — genetic relationships — international adoption — call for reform of adoption legislation — Status of Children Act 1969 — Adoption Act 1955, ss 5 & 11. This hearing concerned a young child born via surrogacy in the Ukraine. The child was biologically related to the male applicant and was genetically and emotionally a stranger to the Ukrainian birth mother. The applicants were both residents of New Zealand. In New Zealand, the Status of Children Act imparts legal rights to the birth mother, notwithstanding any genetic relationships the child may have to other people. The Adoption Act ("the Act") requires the consent of a child's birth parent be given before an adoption order is made, unless this consent can be justifiably dispensed with. The Judge found it was reasonable to dispense with the birth mother's consent, as she had signed a surrogacy agreement prior to the child's birth as well as a notarised declaration with the child's birth certificate shortly after the child was born. The birth mother had also ignored requests to become involved in the proceedings and the Judge considered it would be unfair to force her into proceedings she never contemplated because of outdated New Zealand legislation. As the Judge considered the applicants to be fit and proper people as per s 11 of the Act and adoption would be in the welfare and best interests of the child, a final adoption order was made. Judgment Date: 2 April 2019. * * * Note: names have been changed to comply with legal requirements. * * *