Published 11 June 2024
Adoption application — surrogacy — welfare and best interests of children — fit and proper person — Adoption Act 1955, ss 10 & 11 — United Nations Convention on the Rights of Children (UNCROC) arts 7, 8 & 9 — Re C (adoption) (2001) 20 FRNZ 624 — Dradler v Ministry of Social Development [2015] NZFC 1477 — Norman v Attorney-General [2021] NZCA 78 — Re adoption application of SSL [2009] NZFLR 1089 (FC). The applicants were a same sex couple who were applying for an adoption order for twin children. One of the applicants was the genetic father of the twins, having entered into a surrogacy arrangement in China using genetic material from him and an egg donor. The other applicant had entered into a marriage of convenience with a third party in order to register the twins' birth, as the surrogate did not want to have her name on the birth certificates. In New Zealand, the surrogate was technically recognised as the legal parent of the twins, so there was a need to adopt them under New Zealand law. The surrogate mother could not be located, so the Court was satisfied that she had effectively abandoned the children and she could be dispensed with. The social worker raised concerns about the integrity of the applicants, citing that surrogacy was illegal where they came from, the applicant's false marriage, their falsifying of birth records in China, and their concealment of their relationship and the truth of the children's parentage from their own parents. The Court found that the applicants had since informed their parents of their relationship and the nature of the childrens' parentage, and were ready and prepared to teach the children about their genetic identity. The Court was also satisfied that the applicants' transgressions were not so severe that they disqualified themselves from being fit and proper people to adopt, and that it was in the best interests of the children that the adoption application was granted. Judgment Date: 30 June 2023. * * * Note: names have been changed to comply with legal requirements. * * *
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