by: Courtney Donaldson, Senior Associate
7 October 2026
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Building a family is a deeply personal journey and there are many paths to parenthood. Whether you are considering using a private sperm donor, exploring surrogacy or pursuing adoption, understanding the legal landscape in Aotearoa New Zealand is an important first step. Our Firm has extensive experience guiding individuals and couples through these processes, and we are here to help you navigate the way forward with confidence.
In New Zealand, private sperm donation – including at-home insemination using a syringe – qualifies as an assisted human reproduction (AHR) procedure under the Status of Children Act 1969 (Act). This means that, under sections 21 and 22 of the Act, the sperm donor is not recognised as a legal parent of the child, regardless of whether the birthing parent is in a relationship or single. Where the birthing parent has a partner who consented to the procedure, that partner is recognised as a parent under section 18 and may be registered on the birth certificate without needing to adopt.
While donor agreements are not legally binding contracts, they are strongly recommended. A well-drafted agreement provides clear evidence of the parties’ intentions, ensures everyone is aligned from the outset, and can later be embodied in a court order under section 41 of the Care of Children Act 2004. Private donation carries slightly more legal risk than clinic-based treatment, as the nature of the arrangement is easier to question, but a donor agreement and a section 41 court order significantly reduce that risk.
New Zealand permits only altruistic surrogacy; commercial surrogacy is prohibited under the Human Assisted Reproductive Technology Act 2004 (HART Act). Both traditional surrogacy (where the surrogate is also the egg donor) and gestational surrogacy (where the surrogate carries an embryo that is not biologically related to her) are permitted.
Where surrogacy involves IVF, the arrangement must be approved by the Ethics Committee on Assisted Reproductive Technology (ECART), a process that includes medical assessment, counselling, and legal advice for all parties. Surrogates cannot be paid a fee for acting as a surrogate, but they may be reimbursed for reasonable pregnancy-related expenses. Under section 17 of the Act, the surrogate is the legal mother of the child at birth. Under the current law, legal parenthood must therefore be transferred to the intended parents through adoption under the Adoption Act 1955. However, if the proposed Improving Arrangements for Surrogacy Bill is enacted, it would introduce pre-birth surrogacy orders that would allow intended parents to be recognised as the legal parents from birth, removing the need for adoption entirely.
It is important to understand the risks involved. Surrogacy agreements are not legally enforceable in New Zealand, which means the surrogate is entitled to change her mind at any time. Intended parents have no legally recognised relationship with the child until the adoption process is finalised, and until that point, legal parenthood remains with the surrogate. For these reasons, a comprehensive written surrogacy agreement, prepared with independent legal advice for all parties, is essential. While such an agreement cannot override the law, it sets out each party’s expectations and responsibilities, and the intended process for transferring legal parenthood after birth.
Domestic adoption in New Zealand is governed by the Adoption Act 1955. This legislation is widely acknowledged as outdated, and reform proposals, such as the Adoption (Intercountry and Domestic) Bill, have been the subject of ongoing discussion. Until reform is enacted, the current framework remains in place.
The adoption process involves several steps, including engagement with Oranga Tamariki and an application to the Family Court. The process can feel complex, but with the right guidance it is very manageable.
Whatever pathway to parenthood you are considering, you do not have to navigate it alone. Our experienced Family Law team understands the legal complexities and the deeply personal nature of these decisions. We are committed to providing clear, practical advice in a supportive environment. To learn more or to discuss your situation, please contact our team for a confidential consultation.
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