The Family Court is streamlining its adoption process to ensure overseas-based surrogates aren’t left stranded due to the pandemic, the change leaving Kiwi parents relieved.
The Family Court is temporarily allowing adoptions to happen via video link, reducing the process from months to weeks.
AJ Seine and his partner have benefited from the change as it could allow them to become the legal parents of six-month-old Bella. She was born in the US to a surrogate as the pandemic was beginning to take hold.
The family went back to their temporary home in Brisbane. But, because of the change, they won’t need to be in New Zealand to adopt Bella. That’s because parents don’t become the legal guardians of a child until they are adopted in New Zealand.
“Definitely doesn’t like being still. She likes being entertained and being active,” Mr Seine said of Bella.
He said he wanted to be the legal parent of Bella “like any parent would want for their child to be recognised as their own”.
Until last week, a baby born by an overseas surrogate was issued a passport from the country of birth, then brought back to New Zealand on a visitor visa where they have to be formally adopted before becoming a New Zealand citizen.
But, some counties like the US were struggling to issue new passports due to the pandemic.
International family lawyer Margaret Casey QC said last week, there were close to 150,000 passport applications, with close to 1 million outstanding in the US.
Principal Family Court Judge Jacquelyn Moran said the court didn’t want to accept the possibility that babies could end up stranded overseas.
Fertility New Zealand President Juanita Copeland said it would be daunting and scary for any family stuck overseas unsure how quickly they could get their newborn back to New Zealand.
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