Skip to main content
padlock icon - secure page this page is secure

Gestational Surrogacy Disputes: A Proposed Cause of Action for Intended Parents in New Zealand

Buy Article:

$43.72 + tax (Refund Policy)

All surrogacy agreements are unenforceable in New Zealand. The surrogate mother is the legal mother of the child that results from a surrogacy agreement unless and until the child is adopted by the intended parents. This means that if the surrogate mother refuses to relinquish custody of the resulting child the intended parents have no means of protection. The author submits this outcome is not suitable in a gestational surrogacy dispute where the intended parents have an exclusive genetic link to the resulting child.

Using privacy law as the mode of protection, it is proposed that gestational surrogacy agreements should be enforceable. Further, if the surrogate mother refuses to relinquish custody of the resulting child, the intended parents should have an actionable claim against her on the basis she is using their genetic information against the purpose for which it was divulged to her. This claim is intended to recognise the harm or indignity that is suffered due to the surrogate mother's breach of the intended parents' informational privacy. It is not a claim for parental status. The remedy that is available will, however, be highly relevant to the determination of custody proceedings in the Family Court.
No Reference information available - sign in for access.
No Citation information available - sign in for access.
No Supplementary Data.
No Article Media
No Metrics

Document Type: Research Article

Publication date: May 1, 2017

More about this publication?
  • The New Zealand Law Review, published quarterly by the Legal Research Foundation Inc. since 1966, is the premier law journal published in New Zealand. It includes refereed articles by leading New Zealand and international scholars, together with annual and biennial reviews of the major areas of the law, written by specialist contributing editors.
  • Editorial Board
  • Information for Authors
  • Submit a Paper
  • Subscribe to this Title
  • Ingenta Connect is not responsible for the content or availability of external websites
  • Access Key
  • Free content
  • Partial Free content
  • New content
  • Open access content
  • Partial Open access content
  • Subscribed content
  • Partial Subscribed content
  • Free trial content
Cookie Policy
X
Cookie Policy
Ingenta Connect website makes use of cookies so as to keep track of data that you have filled in. I am Happy with this Find out more