| Sperm donors, Surrogacy, Adoption and Co-Parenting laws in New Zealand |
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Legislation in United Kingdom United States Ireland Canada South Africa AustraliaThe NZ law regarding Assisted Reproductive Technologies is aimed first of all at protecting donor conceived children and respecting ethnical and cultural communities. Access to artificial insemination is granted to both single and lesbian couples, though public funds are only for women or couples with fertility problems. Sperm donations must be free and donors must provide identifying information. Same sex parenting is accepted but still unequelly recognized: while a lesbian couple having conceived a child through sperm donor insemination is likely to have both mothers registered on the child's birth certificate, this is still impossible for a gay couple: neither through a surrogacy (surrogacy arrengements are not recognized by NZ law) nor an adoption (same sex couples are not allowed to adopt jointly).Donor Conception (embryo, egg and sperm donation) in New Zealand |
General | In New Zealand, artificial reproduction and gametes donation (i.e egg, embryo and sperm donations) are regulated by the Human Assisted Reproductive Technology Act of 2004, promoted by a special advisory comittee, the ACART. | Human Assisted Reproductive Technology Act 2004: legislation.govt.nz Advisory Committee on Assisted Reproductive Technology (ACART): acart.health.govt.nz |
Assisted Reproductive technology (artificial insemination, IVF, etc.) | Access to assisted reproductive technologies is granted to all women, lesbians and singles included. Public funding for artificial insemination or IVF procedures are restricted to women experiencing fertility troubles. | Public funding and eligibility for fertility treatments / Fertility Associates: fertilityassociates.co.nz |
Self-insemination | Self-insemination is not contempted by NZ law. | |
Identifying information on embryo, egg and sperm donors | When donating sperm, the donor is requested to provide identifying information in order to comply whith the law's principle that "donor offspring should be made aware of their genetic origins and be able to access information about those origins". | Information about donors of donated embryos or donated cells and donor offspring / Human Assisted Reproductive Technology Act 2004: aph.gov.au |
Paid or freem sperm donors? | No valuable consideration can be received or given in exchange of a sperm donation. | Commercial supply of human embryos or human gametes prohibited / Human Assisted Reproductive Technology Act 2004: legislation.govt.nz |
Surrogacy in New Zealand |
Altruistic surrogacy | A surrogacy arrangement is not illegal, but is not enforceable either. Under NZ law the surrogate mother is the legal mother of the child. | Status of surrogacy arrangements and prohibition of commercial surrogacy arrangements / Human Assisted Reproductive Technology Act 2004: legislation.govt.nz |
Commercial surrogacy | No valuable consideration can be received or offered for a surrogacy arrangement in New Zealand. | |
Surrogacy abroad | A surrogate child conceived abroad will not be eligible for NZ residence unless the child has been adopted by a NZ resident/citizen and the adoption meets the necessary adoption requirements (i.e. Hague Convention). New Zealanders thinking about international surrogacy should seek independent legal advice, and consult the Department of Internal Affairs (DIA), Immigration New Zealand (INZ) and Child, Youth and Family (CYF) before anything. | International surrogacy information sheet / Child Youth and Family (CYF), Ministry of Social Development, NZ: cyf.govt.nz International Surrogacy / Inmigration New Zealand: dol.govt.nz |
Can gay dads have a surrogate child? | Future gay dads can consider surrogacy as an option in New Zealand, although no legal arrangement can be made with the surrogate mother prior to the birth of the child. Yet, only the biological father is likely to be named on the child's birth certificate. |
Adoption in New Zealand |
Access to general adoption | Singles may have access to adoption regardless of their sexual orientation, though a man alone cannot adopt a female child. LGTB couples are not eligible for adoption. | LGBT rights in New Zealand, Adoption and Parenting / Wikipedia: en.wikipedia.org |
Step child adoption for same sex couples | As the Adoption Act in NZ dates back to 1955, lots of protests arouse in the past decade in order to extend adoption rights to same sex couples. Still, no amendment has been passed yet and same sex couples are not allowed to adopt jointly. | Adoption Act 1955: legislation.govt.nz |
Co-Parenting in New Zealand |
Only 2 co-parents involved | The birth mother of a donor conceived child can be considered the sole guardian of the child if she was not involved in a recognised relationship (marriage, civil union or de facto) when pregnant. In this case, only her consentment is required to register a second parent (who can be the sperm donor, same sex partner, co-parenting) on the birth certificate of the child. | Child's father and mother usually joint guardians / Care of Children Act 2004: legislation.govt.nz Families with lesbian or gay parents: teara.govt.nz |
More than 2 co-parents involved (e.g. 1 couple + 1 single or 2 couples) | Only 2 parents can be registered on a birth certificate. Parents, Guardians and Donors can make legal arrangement in order to establish parental roles in relation to the child. | Making arrangements and resolving disputes / Care of Children Act 2004: legislation.govt.nz |
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