Surrogacy involves a woman carrying a child for intended parents who cannot have children themselves. In the Netherlands, there is no specific legislation on this, which often leads to legal challenges, including in the Westland region.
Types of Surrogacy
| Category | Genetic Origin |
|---|---|
| High-tech (IVF method) | Egg from intended mother or donor, sperm from intended father or donor |
| Low-tech | Egg from surrogate mother, sperm from intended father |
Legal Context in the Netherlands
The current status of surrogacy in the Netherlands:
- It is not explicitly prohibited
- No statutory regulation is available
- Commercial forms are not permitted
- The surrogate mother is regarded as the legal mother
- Transfer of parenthood occurs via an adoption process
Legal Parenthood at Birth
Immediately after birth:
- The surrogate mother is the legal mother (she gave birth to the child)
- Her partner, if any, is regarded as the legal father
- Intended parents have no legal status as parents
Steps for Intended Parents in Westland
- The intended father acknowledges the child (if biological father) or initiates an adoption
- The surrogate mother relinquishes her parental authority
- The intended mother adopts the child via a legal procedure
- This process takes at least one year
For guidance, you can contact the Juridisch Loket Westland or a lawyer via the District Court of The Hague.
Surrogacy Across Borders
Many intended parents seek surrogates in countries such as the US or Ukraine, where legislation is clearer. However, this introduces additional legal hurdles:
- Recognition of a foreign birth certificate in the Netherlands
- Obtaining Dutch nationality for the child
- Possibly an additional adoption procedure
Developments in Legislation
A legislative proposal entitled 'Child, Surrogacy and Parentage' is currently being developed. This proposal aims to better safeguard the rights and obligations of both surrogate mothers and intended parents.
Is surrogacy permitted in the Netherlands?
It is not prohibited, but neither is it statutorily regulated. Commercial intermediation is punishable, while reimbursement of expenses for the surrogate mother is permitted.Can a surrogate mother decide to keep the child?
Since the surrogate mother is legally recognized as the mother, she can decide not to relinquish the child. Intended parents have few legal remedies against this. Clear agreements in advance are essential, even though they are not enforceable.How long does it take for intended parents to become legal parents?
After birth, an adoption process follows in which the child must live with the intended parents for at least one year. The total process often takes 1 to 2 years.Questions about Surrogacy in Westland
How do I become a legal parent as an intended parent?
You must initiate an adoption procedure. The intended father acknowledges the child (if biological father), the surrogate mother relinquishes parental authority, and the intended mother adopts the child. This takes at least one year, during which the child lives with you. A family law attorney or the Juridisch Loket Westland can assist.
Can I engage a surrogate mother abroad?
Yes, countries such as the US or Ukraine often offer more legal certainty. However, you must have the foreign birth certificate recognized in the Netherlands, arrange nationality, and possibly adopt. Legal advice is strongly recommended.
What if the surrogate mother does not relinquish the child?
The surrogate mother is legally the mother and can keep the child. Intended parents have few legal options. Therefore, make written agreements before the pregnancy, even though they are not binding.
Is payment to a surrogate mother permitted?
No, commercial surrogacy is prohibited in the Netherlands. A reasonable reimbursement of expenses for medical or pregnancy costs is permitted. Intermediation for profit is punishable.
What is the duration of the process to become a legal parent?
The process typically 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 of surrogacy in the Netherlands?
The main risks are legal uncertainty and the lack of statutory frameworks. This can lead to conflicts and uncertainty regarding parenthood.