Surrogacy Insights

In the Netherlands, participation in surrogacy is regulated under Article 204(1)(d) of the book 1 Civil Code, emphasizing the stringent criteria for eligibility:

• Surrogacy is limited to residents
• While expenses can be reimbursed, commercial surrogacy is strictly prohibited
• It is against the law to promote commercial surrogacy.
• The intended parents cannot advertise for a surrogate.  This includes a ban on social media postings seeking a surrogate.
• Private arrangements with a family member or acquaintance are the norm.

The female partner of the biological mother can obtain legal parentage of the child without court involvement through two methods:

• She can either be automatically recognized as the child’s legal parent from birth, or
• she can formally acknowledge the child before the Registrar of Births, Deaths, Marriages, and Registered Partnerships.

Latest Court Ruling on Surrogacy Abroad

In January 2023, the District Court of The Hague (ECLI:NL:RBDHA:2023:363) heard a surrogacy case involving two married men from the United States.  They had twins through surrogacy.  Even though both fathers were on the American birth certificate and the surrogate gave up parental rights, Dutch authorities refused registration.  This was because Dutch law requires the mother’s name on birth certificates.  There were also doubts about whether the surrogacy arrangement complied with Dutch rules.

The court found that the surrogacy process undertaken in the United States was meticulously executed.   The children’s complete history was documented, and plans were made to inform them about their background in an age-appropriate manner.  Regular contact with the surrogate mother was maintained, and the bond between the parties was described as a positive friendship.   The applicants had also taken steps to ensure transparency regarding the egg donor’s identity, facilitating potential future contact for the children.  Importantly, DNA testing confirmed the biological parentage of each child.

After reviewing the evidence and hearing testimonies, the court determined that the surrogacy arrangement in the United States adhered to recommended standards, aligning with Dutch legal guidelines.  Consequently, the birth certificates issued in the U.S. were deemed valid in the Netherlands.  Furthermore, parental authority was granted solely to the applicants.