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Human Assisted Reproductive Technology Act 2004

Prohibited and regulated activities - Prohibited actions

14: Status of surrogacy arrangements and prohibition of commercial surrogacy arrangements

You could also call this:

"Surrogacy is allowed, but you can't pay someone to do it or take them to court over it"

Illustration for Human Assisted Reproductive Technology Act 2004

If you are part of a surrogacy arrangement, it is not against the law, but you cannot take someone to court to enforce it. This does not change how the Status of Children Act 1969 works. You will commit a crime if you pay someone or receive payment for being part of a surrogacy arrangement.

If you pay for things like collecting embryos or getting counselling, that is okay as long as it is reasonable and necessary. You can also pay for a lawyer to give independent advice to the woman who is pregnant.

If you break the law by paying for a surrogacy arrangement, you could go to prison for up to one year or get a fine of up to $100,000, or both.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM319317.

Topics:
Health and wellbeing > Healthcare servicesFamily and relationships > Children and parentingCrime and justice > Criminal law
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13: Commercial supply of human embryos or human gametes prohibited, or

"Selling or buying human embryos or cells for making babies is against the law."

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Part 2Prohibited and regulated activities
Prohibited actions

14Status of surrogacy arrangements and prohibition of commercial surrogacy arrangements

  1. A surrogacy arrangement is not of itself illegal, but is not enforceable by or against any person.

  2. Subsection (1) does not affect Part 2 of the Status of Children Act 1969.

  3. Every person commits an offence who gives or receives, or agrees to give or receive, valuable consideration for his or her participation, or for any other person's participation, or for arranging any other person's participation, in a surrogacy arrangement.

  4. Subsection (3) does not apply to a payment—

  5. to the provider concerned for any reasonable and necessary expenses incurred for any of the following purposes:
    1. collecting, storing, transporting, or using a human embryo or human gamete:
      1. counselling 1 or more parties in relation to the surrogacy agreement:
        1. insemination or in vitro fertilisation:
          1. ovulation or pregnancy tests; or
          2. to a legal adviser for independent legal advice to the woman who is, or who might become, pregnant under the surrogacy arrangement.

            1. Every person who commits an offence against subsection (3) is liable on conviction to imprisonment for a term not exceeding 1 year or a fine not exceeding $100,000, or both.

            Notes
            • Section 14(2): amended, on , by section 4 of the Human Assisted Reproductive Technology Amendment Act 2007 (2007 No 63).
            • Section 14(5): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).