Securing Informed Consent: The Rights of Surrogates in Home-Based and International Surrogacy Arrangements in Aotearoa

Abstract

Surrogacy arrangements involve a complex web of ethical considerations, including ensuring informed consent from the surrogate. Informed consent is emphasised in the Verona Principles, the gold standard for surrogacy regulations. While New Zealand has a robust process to consider clinic-based arrangements, home-based and international surrogacy arrangements can avoid ethical consideration and allow for a lack of informed consent. As New Zealand is at a stage of overlapping reform discussions, including the Law Commission report and the Improving Arrangements for Surrogacy Bill, this essay considers different reform options to ensure informed consent for surrogates in home-based and international arrangements. While international arrangements would benefit from a widely adopted international instrument, both avenues should be incentivising pre-conception approvals by providing easier access to legal parenthood.