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. Commercial surrogacy is not legal in New Zealand, but altruistic surrogacy, where the surrogate is not paid beyond reasonable expenses, is permitted.

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Statutory entitlements

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 (as they are not pregnant)

• Parental leave entitlements begin from the date the intended parents assume care of the child

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

Both surrogates and intended parents can access their respective entitlements.

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

Need a hand improving your policy or modelling the cost?

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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 7 April 2025.

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Stephanie Pow

Founder & CEO of Crayon

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