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Surrogacy in New Zealand
Surrogacy is legal in New Zealand although not all forms are permitted. There is an absolute ban on commercial surrogacy agreements however altruistic surrogacy is permitted. The current system is seen as being highly complicated as there are few surrogacy specific laws and regulations. There have, however been a number of recent amendments to the process as the number of surrogacy cases increase. New Zealand is a strong supporter of the United Nations Convention on the Rights of the Child and ratified it in April 1993. The implication of this is that it is bound under international law to act in the best interests of the child. This principle must then encompass all surrogacy regulations and agreements.
==Domestic surrogacy laws==
There are few statutory regulations that deal with the matter of surrogacy however that is not to say that it is non-existent. The primary instrument that deals with the legality of surrogacy is the Human Assisted Reproductive Technology Act 2004. The Act sought to create regulations for situations where there was a human assisted reproduction. This encompasses a limited number of surrogacy cases however as there is a lack of detailed surrogacy legislation the Act has been used in a way that encompasses all surrogacy cases.
The Human Assisted Reproductive Technology Act 2004 is the source of legality for surrogacy in New Zealand. It creates a prohibition on commercial surrogacy agreements and bans a person from receiving valuable consideration for participating in a surrogacy agreement or for arranging for another person to participate in a surrogacy agreement. The ban however is not absolute. Payment for specific reasonable and necessary expenses are permitted as well as permitting payment to an independent legal advisor for the woman who is or may become pregnant due to a surrogacy agreement. Section 13 adds to this section and provides that there may be no commercial supply of human embryos or human gametes. The Act also states that “a surrogacy arrangement is not of itself illegal, but is not enforceable by or against any person”. The phrasing is unique and seems to offer little protection for any of the involved parties. If the birth mother decides not to honour the surrogacy agreement the contracting parties are not able to bring a claim against the other and hold her to the agreement. In contrast if the contracting parties, during the course of the pregnancy or after birth, decide that they do not want to honour the agreement and seek adoption of the child the birth mother would be unable to seek fulfilment of the agreement.
Surrogacy agreements cannot easily be created which does seem to offer some protection for the involved parties. Before a surrogacy agreement is allowed to proceed the approval of an ethics committee must be ascertained. The Guidelines on Surrogacy involving Assisted Reproductive Procedures (12 December 2014) states that the Ethics Committee on Assisted Reproductive Technology must determine that:
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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