Adoption — commercial surrogacy — international surrogacy — fit and proper person — Adoption Act 1955, ss 3, 7, 11, 22 & 26 — Status of Children Act 1969, ss 5, 8, 10, 13, 14, 22 & 26 — Adoption (Intercountry) Act 1997, s 10 — United Nations Convention on the Rights of the Child arts 3, 7, 8, 9, 14, 18, 21 & 28 — Re KJB and LRB [Adoption] 2009 NZFLR 97 — Tafili v Manu [2015] NZFC 122. The applicant sought an adoption order recognising him as the father of his biological child. The child was born through a commercial surrogacy agreement with a fertility clinic in Thailand with an egg from a donor, but the Status of Children Act prevented the applicant from being recognised as the child's legal father. Oranga Tamariki opposed the application on the basis that the applicant was not a fit and proper person, because the surrogacy arrangement was illegal in Thailand. The Court was satisfied that the UNCRC principle that the child’s best interests was the paramount consideration in adoption hearings must be upheld, despite the irregularities in the creation of the child. It was satisfied that the surrogate mother had consented to the child being raised by the applicant in New Zealand. Regarding the fit and proper person issue, the Court found that the applicant was ignorant of the illegality of the surrogate process, and had entered into the agreement out of a desire to become a father, rather than any intention to break the law. The Court was satisfied that the applicant was a fit and proper person, and that the welfare and best interests of the child were clearly best served by making an adoption order. The application was successful. Judgment Date: 28 November 2024. * * * Note: names have been changed to comply with legal requirements. * * *