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Adoption & Surrogacy

The Adoption Act dates from 1955, and is basically unamended from that period. It reflects the social views of the 1950s. In so many ways it has become hopelessly outdated, but despite a Law Commission report some 15 years ago recommending major change, Governments have been nervous to touch it.

This has created a slow, invasive process involving lawyers, an ethics committee, and Oranga Tamariki, that can leave new parents terrified of losing custody of their own baby.

Rainbow Wellington has advocated for many years to improve and simplify the adoption and surrogacy laws, to make it easier and more dignified for rainbow parent to legally adopt their children.

In 2022 Tāmati Coffey put forward the Improving Arrangements for Surrogacy Bill, which passed its first reading and the Health Committee sought submissions.

The Bill was then redrafted to incorporate recommendations from the Law Commission’s 2022 report, e Kōpū Whāngai: He Arotake, Review of Surrogacy. The proposed changes to the bill are extensive and the new version is substantially different from the bill as introduced. The Health Committee is sought further submissions on the proposed changes.

Despite the government’s promises to fast-track it in 2023, and further submissions in mid-October 2024 the bill is still a bill, and not law.