Summarised by Centrist
A single, gay New Zealand man, whose name is suppressed, paid a significant sum to a Thai fertility clinic worker to secure an illegal surrogacy arrangement.
Despite his actions being illegal in Thailand, the man has been granted an adoption order by the Family Court over objections from Oranga Tamariki.
The surrogate relinquished custody after the birth, and the man has cared for his son since. Oranga Tamariki opposed the adoption, citing the illegality of the surrogacy arrangement, but acknowledged the man was a fit and proper parent.
Oranga Tamariki’s submissions warned that allowing such adoptions could be seen as endorsing unlawful actions, potentially harming New Zealand’s diplomatic relations.
However, Judge Belinda Pidwell ruled that the court’s role was to apply existing law, not to consider immigration or international reputation. She noted, “The irregularities in his creation, or the sins of his father, should not be visited upon him.”
Judge Pidwell ultimately found that denying the adoption would place the child in an untenable position and therefore upheld the man’s application.
The judge said the outdated nature of New Zealand’s Adoption Act 1955 does not address modern family arrangements. She referenced ongoing legislative efforts, such as the Improving Arrangements for Surrogacy Bill, which could provide clearer guidelines.
Read more over at The NZ Herald
Image: Sodacan
