Legal Mother in Surrogacy in Leiden
In Leiden, the legal mother in surrogacy is initially the surrogate mother, the woman who gives birth to the child. Dutch law automatically assigns her motherhood and parental authority until a careful procedure transfers this to the intended mother or intended parents. This article outlines the process specifically for Leiden residents, including requirements of the Leiden District Court and risks to avoid. For advice, contact Het Juridisch Loket Leiden.
Who is the legal mother in Leiden?
The legal mother is recognized by law as the official mother, affecting parental authority, surname, inheritance rights, and child support. In surrogacy in Leiden, where a woman carries a child for intended parents, the rule applies: mater semper certa est – the birth mother is the mother. The birth certificate issued by the Municipality of Leiden lists the surrogate mother (and her partner) as the parents, not the intended parents. Transfer requires a procedure before the Leiden District Court.
Legal framework for Leiden
The rules are set out in Dutch Civil Code Book 1 (DCC), particularly Article 1:199 DCC for motherhood upon birth and the surrogacy regime in Articles 1:253aa to 1:253bf DCC (effective since April 1, 2022). This protects all parties in the Leiden region.
- Altruistic surrogacy: Paid arrangements are illegal (punishable by up to 4 years' imprisonment, art. 1:253af DCC).
- Intention agreement: Notarized before week 7 of pregnancy (art. 1:253ab DCC).
- Leiden District Court: After birth, it verifies conditions and appoints intended parents as parents (art. 1:253ba DCC et seq.).
Without a procedure, the surrogate mother remains the legal mother in Leiden indefinitely.
Step-by-step process for transfer in Leiden
The procedure follows strict phases:
- Before conception or early pregnancy: Notarial intention deed with surrogate mother (and partner) and intended parents regarding relinquishment.
- During pregnancy: Medical and psychological assessments for everyone involved.
- Within 6 weeks post-partum: Application to Leiden District Court (art. 1:253ba DCC); hearings check the child's bond with the surrogate mother.
- Leiden District Court ruling: Approval makes intended parents the parents; surrogate mother loses status, birth certificate amended via Municipality of Leiden.
Table: Overview of motherhood in Leiden
| Phase | Legal Mother | Effects |
|---|---|---|
| At birth (Municipality of Leiden) | Surrogate mother | Authority, name, maintenance automatic |
| After Leiden District Court | Intended mother | Full transfer; surrogate mother released |
| Without procedure | Surrogate mother | Intended parents must adopt; complex process |
Rights and obligations of the legal mother
The legal mother in Leiden has:
- Access to information about the child (care, school).
- Care and upbringing duty (art. 1:247 DCC).
- Inheritance position for the child.
After transfer to the intended mother, these end for the surrogate mother; the intended mother assumes all, including recognition as a single parent.
Practical cases from Leiden region
Case 1: Surrogate mother Sophie from Leiden gives birth for intended mothers Emma and Lisa. Timely intention deed; Leiden District Court approves transfer. Emma becomes legal mother, Sophie steps aside.
Case 2: Intended fathers Pieter and Mark from Leiden via surrogate mother Floor. Post-procedure: Pieter father, Mark co-parent; Floor has no rights.
Pitfall case 3: No intention deed; surrogate mother keeps child. Intended parents in Leiden fight via adoption – years of hassle.
FAQ for Leiden residents
Can motherhood be reclaimed?
No, Leiden District Court decision is final (art. 1:253bd DCC), except in cases of fraud.
Surrogate mother's partner?
Yes, co-parent initially; consent from both required.
For single men in Leiden?
Yes since 2022; after procedure, intended father becomes parent.
Costs in Leiden?
Notary €1,000-€2,000; Leiden District Court €500-€1,000; total €5,000-€10,000 including assessments.
Tips for Leiden
- Prepare intention agreement with a notary in Leiden: more info.
- Consult a family law attorney or Het Juridisch Loket Leiden before starting to meet deadlines.
- Report birth immediately to Municipality of Leiden and initiate procedure promptly.