Surrogacy and the Child’s Right to Identity

All reproduction is collaborative, for no man or woman reproduces alone. Yet with the increasing use of assisted human reproduction procedures, reproduction has become collaborative in another way. With this, issues are raised with the use of these procedures that need to be faced. One of these issues concerns the preservation of identity for the children born of surrogacy arrangements. This paper will argue that New Zealand fails to adequately protect these children's right to identity and to meet its obligations under the United Nations Convention on the Rights of the Child ("UNCROC"). It will suggest how this situation can be remedied.

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