A New Zealand court has granted an adoption order for a little boy with ‘three’ mothers
The 14-month-old boy has been adopted by a woman who was unable to have children of her own.
The boy’s biological mother is an anonymous egg donor and his birth mother is the surrogate who carried him to term in a surrogacy arrangement.
His adoption process came to an end in 2021 when the legal decision was made, but the legal documentation has only just been made public in New Zealand, which is why it is being reported now.
According to the New Zealand Herald newspaper, the process was made possible by the parties involved, social workers, and the Ethics Committee of Assisted Reproductive Technology which is appointed by the Ministry of Health.
The IVF process was administered by Fertility Associates.
All parties concerned were all given a right of confidentiality in the case and any names used in the legal paperwork are fictitious, court reports state.
Family Court judge Alayne Wills said: “He knows no other parents and he is progressing absolutely as he should be.”
Judge Wills said she was ‘entirely satisfied’ that the couple who had brought the adoption case was fit and proper people with the social worker’s report supporting the adoption request.
According to government records, about 50 babies were born through a surrogacy agreement in New Zealand.
At present in New Zealand, surrogacy is regulated under the Human Assisted Reproductive Technology Act 2004 (HART) and the Status of Children Act 1969 (SOC) which deals with the legal parentage of children and how it is transferred.
Under the HART Act, surrogacy is not illegal but is not enforceable. Advertising in relation to surrogacy is illegal. Before a surrogacy agreement can start, it must have prior approval by the Ethic Committee of Assisted Reproductive Technology.
When a child is born through surrogacy, the legal parents at birth are the surrogate and her partner. Transfer of legal parentage must occur through applying to the Family Court for an adoption order.
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