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Surrogacy and visas
Under New Zealand law the surrogate mother, and her partner if she has one, are the legal parents of the child. This means that the child will not be eligible for New Zealand residence or citizenship unless the child has been adopted by a New Zealand resident or citizen and the adoption meets the necessary requirements.
Before the process of surrogacy and adoption begins, the adoptive parents must contact Oranga Tamariki (The Ministry for Children) and the Department of Internal Affairs (DIA) to ensure the process complies with all relevant New Zealand laws.
Immigration New Zealand, DIA and Oranga Tamariki work together to facilitate the entry of children born as a result of international surrogacy arrangements. Because there is no visa category for children born as a result of international surrogacy, each case is considered by the Minister of Immigration.
If a visa is granted by the Minister of Immigration, the visitor visas are valid for 12 months to allow the New Zealand resident or citizen commissioning parents to meet the adoption process in the New Zealand Family Court. If the adoption order is granted by the New Zealand Family Court, the children will become New Zealand citizens as a result of the adoption.