30 May 2023

Changes to surrogacy laws set to be fast-tracked after government adopts bill

9:01 pm on 30 May 2023
Tāmati Coffey

Labour MP Tamati Coffey said he hoped all political parties would continue to support the bill. Photo: RNZ / Samuel Rillstone

Changes to New Zealand's surrogacy laws are set to be fast-tracked, with the government deciding to adopt a member's bill.

A bill to change and streamline the law from Labour MP Tamati Coffey has been going through Parliament, and is currently before select committee.

New Zealand's surrogacy laws do not currently recognise the intended parents of a child as the legal parents, meaning they must adopt the baby.

"This process is discriminatory, causes unnecessary harm and stress and reflects how outdated the system is," Justice Minister Kiri Allan said.

By adopting Coffey's bill as a government bill, the government can speed the process up and put more weight behind any reforms. Last year, the Law Commission proposed changes to the laws, which the select committee will now consider.

They include removing the need for parents to adopt their child born by surrogacy, establishing a register for babies so they can access more information about their birth origins later on in life, and clarity over payments surrogates can receive from parents.

The member's bill was drawn from the ballot in September 2021, and its first reading received unanimous support in May 2022.

Even with the government's adoption of the bill, given the amount of time left this parliamentary term, it is unlikely it would pass before the election, but Tamati Coffey said he hoped all political parties would continue to support it through the House.

Coffey, himself a parent of children born through surrogacy, is set to retire from politics at the election.

"Given I am signing out of politics at this election, it's a relief that I can hand this baby over to minister Allan, who will make surrogacy the equitable and mana-enhancing process it needs to be," Coffey said.

Fertility New Zealand board member Juanita Copeland said she was heartened the legislation would be escalated.

"There has long been a need for greater clarity and protection for everyone involved in surrogacy and this bill will provide that. It will make it easier for people to build the family they have always dreamed of while honouring the tremendous gift that surrogacy is," she said.