Adoption Procedure for Surrogacy in Westland

Adoption Procedure for Surrogacy in Westland

The adoption procedure in surrogacy enables intended parents in Westland to obtain parental authority over a child born through surrogacy, when the surrogate mother is initially registered as the legal mother. This applies when no valid surrogacy agreement exists or in cases of unforeseen issues. In the Netherlands, and thus for residents of Westland, surrogacy has been legally regulated since 2022, but adoption remains essential in specific situations to officially designate intended parents as the legal parents. Do you live in Westland? Contact Het Juridisch Loket Westland for free advice.

Legal Basis

This procedure falls under family law in Book 1 of the Civil Code (CC). Title 15 CC (arts. 1:227 to 1:248) governs the adoption of minors. The Surrogacy Act (15 March 2022, Bulletin of Acts and Decrees 2022, 108) legalizes surrogacy and introduces the upbringing agreement (art. 1:51a CC). With a timely concluded agreement (before week 12 of pregnancy), intended parents can immediately acknowledge the child after birth at the Municipality of Westland, without the surrogate mother gaining parental authority. If the agreement is missing or not complied with, the surrogate mother remains the legal mother, requiring adoption by the intended parents (art. 1:228 CC).

Adoption always requires court approval and an opinion from the child protection council (art. 1:231 CC). For Westland, the Westland District Court handles these cases. Commercial surrogacy remains prohibited (art. 1:51c CC), making the review particularly stringent.

Conditions for Adoption in Surrogacy

The Westland District Court applies strict requirements:

• Adoptive parent(s) are of legal age and hold a Certificate of Conduct Justis (VOG-NP).
• The child is a minor and adoption must be in their best interests (art. 1:228(1) CC).
• The surrogate mother provides irrevocable consent (art. 1:233 CC), unless incapacitated.
• Intended parents are at least 4 years older than the child, with possible exceptions in surrogacy cases.
• No direct blood or affinity relationship, unless strictly necessary.

The court explicitly checks for violations of rules on child trafficking or exploitation, particularly in the Westland context.

Steps in the Adoption Procedure in Westland

The procedure typically takes 6-12 months:

1. Preparation: Conclude a notarial upbringing agreement early. Gather medical and psychological documents. Consult Het Juridisch Loket Westland.
2. After Birth: Apply for acknowledgment with the civil registry officer of the Municipality of Westland (art. 1:202 CC), if the surrogate mother is still the mother.
3. Application: File a petition with the Westland District Court (art. 1:230 CC), including IDs, VOGs, child protection opinion, and surrogate consent.
4. Hearing: All parties are heard, including the child from age 12 (art. 1:232 CC).
5. Ruling: If approved, intended parents become legal parents; a new birth certificate follows.
6. Registration: Update in the Personal Records Database (BRP) via the Municipality of Westland.

Comparison: Standard vs. Surrogacy Adoption

Rights and Obligations in Westland

Rights of Intended Parents:

• Full legal parenthood, inheritance rights, and name choice after adoption.
• Parental authority over the child.

Obligations:

• Reimburse the surrogate mother's reasonable costs (art. 1:51b CC), without commercial intent.
• Openness about the child's origins (NVK guideline).
• Facilitate aftercare for the surrogate mother.

Rights of Surrogate Mother: Limited withdrawal of authority without adoption; right to information remains.

Practical Examples from the Westland Region

Example 1: In Westland, surrogate mother Lisa and intended parents Mark and Sophie failed to conclude an agreement in time. After Mark's acknowledgment at the Municipality of Westland, Lisa remained the mother. The Westland District Court approved adoption following a positive opinion, as the child was already living at home.

Example 2: In IVF-related issues, the surrogate retained authority. Adoption was denied due to a weak bond with the intended mother; shared authority was suggested instead.

Early advice from Het Juridisch Loket Westland prevents this. Read more about surrogacy in Westland.

Frequently Asked Questions