Surrogacy concerns a situation in which a woman carries a child for intended parents who cannot have children themselves. In the Netherlands, and thus also in Utrecht, there is no specific legislation on this, which often leads to complex legal issues.
Types of Surrogacy
| Category | Genetic Origin |
|---|---|
| Advanced (IVF) | Egg from intended mother or donor, sperm from intended father or donor |
| Simple | Egg from surrogate mother, sperm from intended father |
Legal Context in the Netherlands
The state of affairs regarding surrogacy in the Netherlands:
- It is not explicitly prohibited
- There is no specific legislation for it
- Commercial forms are not permitted
- The surrogate mother is legally regarded as the mother
- Transfer of parenthood proceeds via adoption
Legal Parenthood at Birth
At the birth of the child:
- The surrogate mother is the legal mother (she has given birth to the child)
- Her spouse or partner is the legal father, if applicable
- Intended parents have no legal status as parents
Step-by-Step Plan for Intended Parents in Utrecht
- The intended father acknowledges the child (if biological father) or starts an adoption process
- The surrogate mother relinquishes her parental authority
- The intended mother adopts the child via a legal procedure
- This procedure takes at least one year
International Surrogacy Arrangements
Many intended parents from Utrecht opt for surrogacy abroad (for example, the US or Ukraine), where legislation is clearer. However, this brings challenges:
- Recognition of foreign documents in the Netherlands
- Obtaining Dutch nationality for the child
- Possibly an additional adoption procedure
Developments in Legislation
There is a legislative proposal called 'Child, Surrogacy and Parentage' in the works, which should better safeguard the rights and obligations of both surrogate mothers and intended parents.
Is surrogacy permitted in the Netherlands?
It is not prohibited, but also not legally established. Commercial intermediation is punishable, although reimbursement for expenses to the surrogate mother is permitted.Can a surrogate mother decide to keep the child?
Yes, legally she is the mother at birth. If she does not relinquish the child, intended parents have few legal remedies. Clear agreements in advance are essential, but not always 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 usually takes 1 to 2 years.Frequently Asked Questions about Surrogacy
How do I become a legal parent as an intended parent?
You must go through an adoption process. The intended father acknowledges the child (if biological father), the surrogate mother relinquishes parental authority, and the intended mother adopts the child. This process takes at least one year and requires legal guidance, for example via a lawyer in Utrecht.
Can I find a surrogate mother abroad?
Yes, countries like the US or Ukraine often offer better regulation. However, take into account the recognition of foreign acts in the Netherlands, arranging nationality, and any adoption procedures. Legal advice is indispensable here.
What if the surrogate mother does not relinquish the child?
Because she is legally the mother, intended parents have few options if she keeps the child. Making written agreements before the pregnancy is important, even though they are not fully enforceable in the Netherlands.
May I pay a surrogate mother?
No, commercial surrogacy is prohibited. However, a reasonable reimbursement of expenses is possible for matters such as medical costs or loss of income. Intermediation with intent to make a profit is punishable.
What is the duration of the process to become a legal parent?
On average, this takes 1 to 2 years. The child must live with the intended parents for at least one year before adoption is definitively recorded.
What are the risks in the Netherlands?
The main risks are the legal uncertainty and lack of statutory frameworks, which can lead to conflicts between the surrogate mother and intended parents.
Local Assistance in Utrecht
For legal support, you can go to:
- District Court Midden-Nederland, Vrouwe Justitiaplein 1, Utrecht
- Juridisch Loket Utrecht, Catharijnesingel 55, Utrecht