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Re Hickman-Davies [2024] NZFC 598

Published 05 November 2024

Adoption — commercial surrogacy — international surrogacy — Adoption Act 1955 — Adoption (Intercountry) Act 1997. The applicants sought for the joint final adoption of two children. The children were born through an international commercial surrogacy arrangement with an egg donor in Mexico. The final adoption order was to bring the children to New Zealand with the applicants. The applicants were married, at least 20 years older than the children, both were New Zealand citizens and their habitual residence was New Zealand. The surrogate signed a consent document in English and Spanish, and the Court was satisfied that she understood what the consent meant and the impacts of the adoption order. The surrogate had no conditions for the children and wished for the applicants to make all the decisions. The Court found the applicants were fit and proper people to raise the children, the order was in the children's best interest and their welfare and best interests were promoted by the adoption. The Oranga Tamariki report indicated that the children would benefit from the applicants' love and care. The adoption order was made. Judgment Date: 19 January 2024. * * * Note: names have been changed to comply with legal requirements. * * *