Surrogacy involves a situation in which a woman carries a child for intended parents who are unable to have children themselves. In the Netherlands, and thus also in Rijswijk, 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 |
| Traditional | Egg from surrogate mother, sperm from intended father |
Legal Context in the Netherlands
In the Netherlands, including Rijswijk, the following applies:
- Surrogacy is not illegal
- There is no specific legislation for it
- Commercial forms are not permitted
- The surrogate mother is legally recognised as the mother
- Transfer of parenthood proceeds via adoption
Who is Legally Recognised as a Parent?
At birth:
- The surrogate mother is the legal mother (she gives birth to the child)
- Her possible partner is recognised as the father
- Intended parents have no legal status
Steps for Intended Parents in Rijswijk
- The intended father acknowledges the child (if biological father) or initiates adoption
- The surrogate mother relinquishes her parental authority
- The intended mother adopts the child
- The adoption procedure takes at least 1 year
International Surrogacy Issues
Many intended parents from Rijswijk opt for surrogacy in countries such as the US or Ukraine, where regulations are clearer. However, this brings challenges:
- Recognition of a foreign birth certificate in the Netherlands
- Obtaining Dutch nationality for the child
- Possible adoption procedures in the Netherlands
Upcoming Legislation
In the Netherlands, work is being done on a law called 'Child, Surrogacy and Parentage' to clarify and protect the legal status of both surrogate mothers and intended parents.
Is surrogacy permitted in the Netherlands?
It is not prohibited, but also not legally regulated. Intermediation for profit is punishable, although reimbursement of expenses for the surrogate mother is permitted.Can a surrogate mother decide to keep the child?
Legally, the surrogate mother is the legal mother. If she does not want to relinquish the child, intended parents have few legal options. Clear agreements in advance are essential, but not binding.What is the duration before intended parents become legal parents?
After birth, an adoption process follows in which the child must live with the intended parents for at least 1 year. The total process often takes 1 to 2 years.Frequently Asked Questions about Surrogacy in Rijswijk
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. This process takes at least one year, during which the child lives with you. A family law attorney can provide support.
Can I find a surrogate mother abroad?
Yes, many intended parents from Rijswijk choose countries such as the US or Ukraine. However, you must have the foreign birth certificate recognised in the Netherlands, arrange nationality, and possibly start an adoption procedure. Legal advice is crucial here.
What if the surrogate mother does not relinquish the child?
The surrogate mother is legally the mother at birth. If she keeps the child, intended parents have few legal remedies. Written agreements in advance are important, but not enforceable in the Netherlands.
May I pay a surrogate mother?
No, commercial surrogacy is prohibited. A reasonable reimbursement of expenses for medical costs or loss of income is permitted. Intermediation for profit is punishable.
What is the duration of the process to become a legal parent?
The process usually takes 1 to 2 years. The child must live with you for at least one year before adoption is approved, including legal steps such as acknowledgement and relinquishment of parental authority.
What are the risks of surrogacy in the Netherlands?
The greatest risks are the legal uncertainty and lack of statutory protection. This can lead to conflicts and uncertainties for both the surrogate mother and intended parents.
Local Assistance in Rijswijk
For legal advice, you can go to the Juridisch Loket Rijswijk. In addition, the District Court of The Hague, under which Rijswijk falls, handles cases concerning adoption and parenthood.