Judge’s hands forced in man’s bid to adopt his own son

A man from New Zealand has been granted permission to adopt a child born to a surrogate mother overseas, despite concerns raised by a judge regarding his honesty about his marital status with a fertility clinic.

The current legislation, dating back to 1955, requires every parent of a child born through surrogacy to go through an adoption process, even if they are genetically related to the child. This has led some New Zealanders to seek surrogacy arrangements abroad, such as in Thailand, where it is illegal.

In a recent case in the Family Court, the man in question paid a Georgian company to facilitate an IVF treatment for a surrogate mother from Uzbekistan. He had to seek court approval to legally adopt the baby boy.

The judge acknowledged that the court’s decision was somewhat forced as denying the adoption would leave the child in a legal limbo, stateless and unable to leave Georgia. The judge described the situation as a “fait accompli,” indicating that the child’s fate had already been determined before the case was brought to court.

The man and a woman he claimed to be his de facto partner had signed an agreement with a Georgian reproductive agency. The agency required the pair to be legally married or in a de facto relationship for at least a year, as per Georgian law, or have a medical reason for surrogacy.

The man and the woman were arranged to be married, but the ceremony never took place, and they only lived together briefly. Despite their split, the man continued with the surrogacy process alone, informing the agency of the change in his relationship status.

The surrogate mother, a 38-year-old woman from Uzbekistan, was implanted with the sperm sample provided by the man during his visit to Georgia. The baby was born, and the man obtained a Georgian birth certificate listing him as the father and his former partner as the mother, not the surrogate.

The judge expressed discomfort with the situation, highlighting the lack of verification by the Georgian agency regarding the relationship status of the man and the woman. The judge emphasized the importance of prioritizing the child’s welfare above all else.

The issue of surrogacy laws conflicting with the rights of children born through such arrangements was discussed, with the focus placed on upholding the child’s rights rather than punishing the parents. The judge ultimately granted the adoption order, considering the child’s best interests in being cared for by his father.

The judge noted that while there were uncomfortable aspects to the case, the primary concern was the child’s welfare and ensuring that he was looked after by a responsible guardian.

By Jeremy Wilkinson