Ministry of Social Development statement regarding Mexico surrogacy case

Statement by Paula Attrill, Director International Casework, Ministry of Social Development:

We are aware of this couple’s case. 

Their situation is typical of many international surrogacy cases. They can be highly complicated, involving other countries' laws and procedures and involve a high degree of uncertainty. 

We have provided what advice we can to this couple. The process they now need to follow is clear. 

MSD will be able to work further with the couple once they are back in New Zealand and formally lodge an application to adopt the children in the NZ Family Court. 

The children are Mexican citizens. They require Mexican passports to travel. They also require exit visas from Mexico and cannot travel without a passport or the required visas. 

These matters can take some time to work through. 

While this is a difficult situation for the couple, they are encouraged to comply with the legal requirements of both countries.  

Any New Zealanders contemplating a surrogacy arrangement in an overseas country are strongly advised to seek legal advice before doing so.

Important information about international surrogacy is available through the following webpage:

Background re agency responsibilities

Media reporting to date contains some confusion about the role of various agencies.

While MSD has provided some advice to this couple, its main role will be in relation to the adoption process in New Zealand.

Immigration New Zealand is responsible for issuing New Zealand visas.

The Department of Internal Affairs is responsible for issuing New Zealand passports.