Surrogacy: A guide for NZ employers
Surrogacy is a path to parenthood where a woman (the surrogate) carries and gives birth to a baby for another person or couple (the intended parents). This journey involves unique legal, emotional, and physical considerations for both the surrogate and the intended parents.
In New Zealand, surrogacy arrangements are increasing, though they remain relatively uncommon, with approximately 15-25 arrangements completed annually.
Statutory entitlements
Legal framework
In New Zealand, surrogacy is only permitted on an altruistic basis, meaning the surrogate cannot receive payment beyond reasonable expenses. All surrogacy arrangements involving assisted reproductive procedures require approval from the Ethics Committee on Assisted Reproductive Technology (ECART), with specific criteria including at least one intended parent being a genetic parent of the child, comprehensive counseling for all parties, independent medical and legal advice, and detailed plans for the child's care and ongoing contact.
Additionally, intended parents must adopt the child after birth to become the legal parents, as the surrogate is considered the legal mother at birth. After the baby is born, the surrogate can agree to the child being placed with the intended parents immediately, but the adoption application can’t be made until the baby is at least 10 days old.
For intended parents
Intended parents in a surrogacy arrangement can access parental leave entitlements when they take responsibility for the care of their child:
They are eligible for the same leave entitlements as adoptive parents:
Up to 26 weeks of primary carer leave
Up to 26 weeks of government-paid parental leave
Partner's leave (1-2 weeks)
Extended leave (up to 26 or 52 weeks)
Intended parents are not entitled to special leave for pregnancy appointments.
For intended parents, paid parental leave can only be accessed once they become the primary carers of the child, typically after completing the adoption process.
For surrogate mothers
The surrogate mother is eligible for:
Up to 10 days of unpaid special leave for pregnancy-related reasons
Up to 26 weeks of primary carer leave
Up to 26 weeks of government-paid parental leave to recover from the pregnancy and childbirth, even if they are not the primary carer of the child after birth
The surrogate and intended parents can both access their respective entitlements, and standard eligibility criteria apply.
Best practices for employers
For intended parents
Flexible timing: Allow flexibility around the birth date, which can be unpredictable
Pre-birth leave: Consider allowing leave for important milestones, such as ultrasound appointments
Additional leave: Offer extended leave options beyond statutory requirements
Gradual return: Support phased return-to-work arrangements
For surrogate mothers
Accommodations during pregnancy: Consider workplace adjustments as needed
Flexible leave arrangements: Recognise that the surrogate's needs differ from a typical pregnancy
Privacy considerations: Respect confidentiality about the surrogacy arrangement
Creating a supportive policy
An inclusive parental leave policy should specifically address surrogacy:
Include provisions for both intended parents and surrogates
Outline any additional support your organisation offers
Provides information about EAP services and external support resources, such as Fertility New Zealand and ECART
For further enquiries
While we work to keep our information current, the last word lies with the relevant government agencies:
Contact Inland Revenue (IRD) for information on government-paid parental leave, including payment eligibility, keeping-in-touch hours, application processes, rates, and transferring payments.
For everything else related to parental leave entitlements, contact the Ministry of Business, Innovation and Employment (MBIE) through Employment New Zealand.
Need a hand improving your policy or modelling the cost?
Gain our insights from creating the largest NZ database of verified parental leave policies, a growing number of which include provisions to support surrogacy.
Now for the important legal part: The information we provide is general and not regulated financial advice for the purposes of the Financial Markets Conduct Act 2013. Please seek independent legal, financial, tax or other advice in considering whether the content in this article is appropriate for your goals, situation or needs. The information in this article is current as at 19 May 2025.
Stephanie Pow
Founder & CEO of Crayon
