Surrogacy means that a woman carries a child for intended parents who cannot have children themselves. In the Netherlands, there is no specific legislation on this, which often leads to complex legal situations.
Types of Surrogacy
| Category | Genetic Origin |
|---|---|
| High-tech (IVF) | Egg from intended mother or donor, sperm from intended father or donor |
| Low-tech | Egg from surrogate mother, sperm from intended father |
Legal Framework in the Netherlands
The legal status of surrogacy in the Netherlands:
- It is not explicitly prohibited
- There is no specific legislation
- Commercial forms are not permitted
- The surrogate mother is legally regarded as the mother
- Transfer of parenthood occurs via adoption
Legal Parenthood at Birth
Immediately after birth:
- The surrogate mother is the legal mother
- Her possible partner is the legal father
- Intended parents have no legal status
Steps for Intended Parents
- The intended father acknowledges the child (if biological father) or starts adoption
- The surrogate mother relinquishes her parental authority
- The intended mother adopts the child
- The adoption process takes at least 1 year
Cross-Border Surrogacy
Many Dutch people opt for surrogacy in countries such as the US or Ukraine, where it is better regulated. However, this brings challenges:
- Recognition of foreign documents
- Obtaining Dutch nationality for the child
- Possible adoption procedures in the Netherlands
Upcoming Legislation
There is a legislative proposal called 'Child, Surrogacy and Parentage' in development. This is intended to provide more clarity and protection for both surrogate mothers and intended parents.
Is surrogacy permitted in the Netherlands?
It is not illegal, but also not legally established. Intermediation for commercial gain is punishable, while reimbursement of expenses for the surrogate mother is permitted.Can a surrogate mother keep the child?
Legally, the surrogate mother is the mother at birth. If she does not want to relinquish the child, intended parents have few legal remedies. Clear agreements in advance are essential, but not binding.How long does it take before intended parents are legally parents?
After birth, an adoption process follows. The child must live with the intended parents for at least 1 year before adoption is final. The total process often takes 1 to 2 years.Legal Assistance in Leiden
For legal support, you can go to the Juridisch Loket Leiden, located at Stationsweg 46. In addition, the Rechtbank Den Haag, Leiden location, handles matters concerning family law and adoption.
Frequently Asked Questions about Surrogacy
How do I become a legal parent as an intended parent?
You must start an adoption process. The intended father acknowledges the child (if biological father), the surrogate mother relinquishes parental authority, and the intended mother adopts. This takes at least one year, during which the child lives with you. A family law attorney can help.
Can I find a surrogate mother abroad?
Yes, countries such as the US or Ukraine often offer more legal certainty. Take into account recognition of foreign acts, nationality issues and possible adoption in the Netherlands. Legal advice is recommended.
What if the surrogate mother keeps the child?
The surrogate mother is legally the mother and can keep the child. Intended parents have few legal options. Clear agreements in advance are important, but not enforceable in the Netherlands.
May I pay a surrogate mother?
Commercial surrogacy is prohibited. A reasonable reimbursement of expenses for medical costs or loss of income is permitted. Intermediation for profit is punishable.
How long does the legal process take for intended parents?
The process usually takes 1 to 2 years. The child must live with you for at least one year before adoption is approved, including all legal steps.
What are the risks in the Netherlands?
The biggest risk is the legal uncertainty due to the lack of specific laws. This can lead to conflicts and uncertainty about parenthood.