Published 31 July 2016
International Surrogacy — Adoption Act 1955 — Adoption (Inter-Country) Act 1977, s 10 — Status of Children Act 1969, s 16. The Judge granted a final adoption order in relation to twin children born through an international surrogacy agreement. Although the applicant was registered as the sole parent on the children’s birth certificates under US law, as a result of the Status of Children Act 1969 the legal parents of the twins were recognised as the surrogate parents. Lacking intention to be habitually resident in the US, the Adoption (Inter-country) Act 1997 did not apply and when the children’s 12 month visitor’s visas expired they would be left stateless as neither citizens of the US nor New Zealand. Accordingly, after the Judge determined that nothing in the surrogacy agreement precluded the application of the Adoption Act 1955, and with the necessary criteria of that act met, it was in the best interests of the children for the final order to be made. **Note: names have been changed to comply with legal requirements.
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