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Re Maynard Lowe [2022] NZFC 1257

Published 07 July 2023

Adoption application — final adoption — surrogacy — Adoption Act 1955 — Status of Children Act 1969. This was an application for the final adoption of a child born via gestational surrogacy. The child was born from the applicant father's gametes and an anonymous donor egg, by an unrelated surrogate. Under New Zealand law, the parents and legal guardians of a child are the woman who gave birth the child, and her partner. The applicant wanted to rectify the legal situation so it reflected the actual situation of the child. The Court was satisfied that the surrogate had signed the requisite consent to extinguish the legal presumption of motherhood with regard to the child. The Judge held that the applicants were fit and proper people and that the adoption would promote the child's welfare and best interests, which was supported by the social worker. A final adoption order was made in favour of the applicants. Judgment Date: 11 February 2022 * * * Note: names have been changed to comply with legal requirements. * * *