Surrogacy Adoption Procedure in Utrecht

Surrogacy Adoption Procedure in Utrecht

For residents of Utrecht, the surrogacy adoption procedure offers a clear legal pathway for intended parents to obtain parental authority over a child born through surrogacy. This is required if the surrogate mother is initially registered as the legal mother, for example, without a valid agreement or due to unforeseen issues. Since surrogacy was regulated in the Netherlands in 2022, adoption remains essential in Utrecht cases to fully recognize intended parents as the child's parents.

Legal Basis

The procedure falls under family law in Book 1 of the Dutch Civil Code (DCC), specifically Title 15 DCC (arts. 1:227-1:248) for 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 DCC). With a notarial agreement before week 12 of pregnancy, intended parents recognize the child immediately after birth, without the surrogate mother gaining parental authority. Without this or in case of breach, the surrogate mother remains the legal mother, making adoption via the District Court of Utrecht necessary (art. 1:228 DCC).

Adoption always requires court approval and an opinion from the child protection council (art. 1:231 DCC). Commercial surrogacy is prohibited (art. 1:51c DCC), making the Utrecht procedure particularly stringent. Contact Utrecht Legal Aid Office for free advice.

Conditions for Adoption in Surrogacy Cases in Utrecht

The District Court of Utrecht applies strict requirements:

• Adoptive parent(s) are of legal age and hold a Justis Certificate of Conduct (VOG-NP).
• The child is a minor and adoption serves the child's best interests (art. 1:228(1) DCC).
• The surrogate mother provides irrevocable consent (art. 1:233 DCC), unless incapacitated.
• Intended parents are at least 4 years older than the child, with exceptions for surrogacy.
• No direct blood relation, unless necessary.

The Utrecht court explicitly checks for child trafficking or exploitation.

Steps in the Utrecht Adoption Procedure

The procedure at the District Court of Utrecht typically takes 6-12 months:

1. Preparation: Enter into a notarial upbringing agreement early and gather medical and psychological documents. Consult Utrecht Legal Aid Office for guidance.
2. After Birth: Apply for recognition with the civil registry officer of the Municipality of Utrecht (art. 1:202 DCC) if the surrogate mother remains the mother.
3. Application: File a petition with the District Court of Utrecht (art. 1:230 DCC), including IDs, VOGs, child protection opinion, and surrogate consent.
4. Hearing: The judge hears the parties and the child (from age 12; art. 1:232 DCC).
5. Ruling: If approved, intended parents become legal parents with a new birth certificate.
6. Registration: Entry into the Personal Records Database (BRP) with the Municipality of Utrecht.

Comparison: Regular vs. Surrogacy Adoption

Rights and Obligations in Utrecht

Rights of Intended Parents:

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

Obligations:

• Reimburse reasonable surrogate costs (art. 1:51b DCC), without commercial intent.
• Openness about origins (NVK guidance).
• Facilitate aftercare for the surrogate.

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

Practical Examples from Utrecht

Example 1: Surrogate mother Lisa from Utrecht and intended parents Mark and Sophie fail to enter a timely agreement. After birth, Mark recognizes the child at the Municipality of Utrecht, but Lisa remains the mother. The District Court of Utrecht approves adoption following a positive opinion.

Example 2: In IVF issues, the surrogate remains the mother. The court denies adoption due to weak bond with intended mother, unless joint authority is tested.

Early advice from Utrecht Legal Aid Office prevents complications. Read more about surrogacy in Utrecht.

Frequently Asked Questions