The Society presented a submission to the Health Committee in support of the Surrogacy Improving Arrangements Bill.   The submission indicated support for the intent of the bill and its key changes.  Main features of the bill include:

·       providing a structured, regulated and monitored framework for surrogacy arrangements

·       setting up a surrogacy register for parties to surrogacy

·       ethics committee involvement for approving surrogacy arrangements

·       requiring donors of cells and embryos to be recorded on birth certificates, to ensure  children know their genetic background

·       recording details of the surrogate or the donor,  including whether they are descendants of Māori and/or their ethnicity, citizenship and related details

·       allowing payment to surrogates for some additional actual and reasonable expenses, over and above the current provisions, although commercial surrogacy would still remain prohibited.

The Society welcomes the fact that a key element of the proposed changes is protection for the surrogate and their wellbeing, in addition to trying to ensure all parties are properly psychologically prepared and that there is a low risk of a party changing their mind.  

The changes are also designed to try to ensure that all parties completely understand the legal consequences of the surrogacy arrangement. 

Setting up a key, dedicated framework for surrogacy arrangements is clearly welcomed.  With an increasing number of people struggling with fertility issues, a legal framework for surrogacy as well as a register of potential surrogates, would make the process easier.   It would also better meet needs of same-sex couples intending to be parents.   

The proposed changes recognise that there are many differences between surrogacy and adoption - hence the need for a dedicated framework. 

Providing for donor and surrogate information to be on birth certificates is consistent with the principle that it is advantageous for all individuals to know their genetic background.  The inclusion of a requirement for donors to state whether or not they are of Māori descent is particularly welcome, as it recognises the value and importance of whakapapa and connection to Māori identity.  

Nonetheless, the submission raised several questions or possible issues that may need to be addressed:  

·       What appeal provisions are available if, at any stage of the process, a party fails to comply with a surrogacy order? How would  such a scenario be managed or resolved?  

·       Should there be an obligation for parents to inform the child who is born as a result of a surrogacy arrangement that they were donor conceived? In absence of this obligation, the registration of surrogates’ details on a surrogacy register may not be sufficient in protecting the rights of children to know their genetic background, even if it is technically available.

·       While the bill requires the registrar to record details of donors of embryos or cells in surrogacy, it is silent on possible consequences for those not willing or unable to provide the required identifying information.  That would appear to be anomalous.

At this stage it is not clear whether this bill will be passed.  Some submitters indicated that a government bill based on recommendations from the Law Commission, which has done work on the subject, would be better.

 

 

The Society presented a submission to the Health Committee in support of the Surrogacy Improving Arrangements Bill.   The submission indicated support for the intent of the bill and its key changes.  Main features of the bill include:

·       providing a structured, regulated and monitored framework for surrogacy arrangements

·       setting up a surrogacy register for parties to surrogacy

·       ethics committee involvement for approving surrogacy arrangements

·       requiring donors of cells and embryos to be recorded on birth certificates, to ensure  children know their genetic background

·       recording details of the surrogate or the donor,  including whether they are descendants of Māori and/or their ethnicity, citizenship and related details

·       allowing payment to surrogates for some additional actual and reasonable expenses, over and above the current provisions, although commercial surrogacy would still remain prohibited.

The Society welcomes the fact that a key element of the proposed changes is protection for the surrogate and their wellbeing, in addition to trying to ensure all parties are properly psychologically prepared and that there is a low risk of a party changing their mind.  

The changes are also designed to try to ensure that all parties completely understand the legal consequences of the surrogacy arrangement. 

Setting up a key, dedicated framework for surrogacy arrangements is clearly welcomed.  With an increasing number of people struggling with fertility issues, a legal framework for surrogacy as well as a register of potential surrogates, would make the process easier.   It would also better meet needs of same-sex couples intending to be parents.   

The proposed changes recognise that there are many differences between surrogacy and adoption - hence the need for a dedicated framework. 

Providing for donor and surrogate information to be on birth certificates is consistent with the principle that it is advantageous for all individuals to know their genetic background.  The inclusion of a requirement for donors to state whether or not they are of Māori descent is particularly welcome, as it recognises the value and importance of whakapapa and connection to Māori identity.  

Nonetheless, the submission raised several questions or possible issues that may need to be addressed:  

·       What appeal provisions are available if, at any stage of the process, a party fails to comply with a surrogacy order? How would  such a scenario be managed or resolved?  

·       Should there be an obligation for parents to inform the child who is born as a result of a surrogacy arrangement that they were donor conceived? In absence of this obligation, the registration of surrogates’ details on a surrogacy register may not be sufficient in protecting the rights of children to know their genetic background, even if it is technically available.

·       While the bill requires the registrar to record details of donors of embryos or cells in surrogacy, it is silent on possible consequences for those not willing or unable to provide the required identifying information.  That would appear to be anomalous.

At this stage it is not clear whether this bill will be passed.  Some submitters indicated that a government bill based on recommendations from the Law Commission, which has done work on the subject, would be better.