Adoption Procedure for Surrogacy in Zoetermeer

Adoption Procedure for Surrogacy in Zoetermeer

For residents of Zoetermeer, the adoption procedure in surrogacy offers a clear legal pathway to grant intended parents full parental authority over a child born through surrogacy. This is required when the surrogate is initially registered as the legal mother, for instance, without a valid agreement or due to unforeseen issues. Since surrogacy was regulated in the Netherlands in 2022, adoption remains essential in such cases to officially establish intended parents as the legal parents.

Legal Basis

This procedure is governed by family law in Book 1 of the Civil Code (CC), specifically Title 15 CC (arts. 1:227-1:248) on the adoption of minors. The Surrogacy Act (15 March 2022, Stb. 2022, 108) legalizes surrogacy and introduces the parenting agreement (art. 1:51a CC). A notarial agreement before week 12 of pregnancy allows intended parents to acknowledge the child immediately after birth, without the surrogate gaining parental authority. Absent such an agreement or in cases of breach, the surrogate remains the legal mother, necessitating adoption via the District Court of Zoetermeer (art. 1:228 CC).

Every adoption requires court approval and an opinion from the Council for Child Protection (art. 1:231 CC). Commercial surrogacy is prohibited (art. 1:51c CC), ensuring rigorous scrutiny. Zoetermeer residents can obtain initial free advice at Het Juridisch Loket Zoetermeer.

Requirements for Adoption in Surrogacy

The District Court of Zoetermeer applies strict criteria:

• Adoptive parent(s) must be of legal age and hold a Justis Certificate of Conduct (VOG-NP).
• The child must be a minor, and adoption must serve the child's best interests (art. 1:228(1) CC).
• The surrogate must provide irrevocable consent (art. 1:233 CC), unless incapacitated.
• Intended parents must be at least 4 years older than the child, with exceptions for surrogacy cases.
• No direct blood or affinity relationship, unless strictly necessary.

The court explicitly checks for violations of the child trafficking prohibition.

Steps in the Adoption Procedure in Zoetermeer

The process typically takes 6-12 months:

1. Preparation: Enter into a notarial parenting agreement early and gather documents such as medical and psychological reports.
2. After Birth: Apply for acknowledgment with the civil registrar of the Municipality of Zoetermeer (art. 1:202 CC) if the surrogate remains the legal mother.
3. Application: Submit the request to the District Court of Zoetermeer (art. 1:230 CC), including IDs, VOGs, child protection opinion, and surrogate consent.
4. Hearing: All parties are heard, including the child from age 12 (art. 1:232 CC).
5. Decision: Upon approval, intended parents become legal parents; a new birth certificate follows.
6. Registration: Update in the Personal Records Database (BRP) via the Municipality of Zoetermeer.

Regular Adoption vs. Surrogacy Adoption

Rights and Obligations

Rights of Intended Parents:

• Full legal parenthood, inheritance rights, and name choice after adoption.
• Unrestricted parental authority.

Obligations:

• Reimburse the surrogate's actual costs (care, clothing; art. 1:51b CC), without profit.
• Maintain openness about the child's origins (NVK guideline).
• Facilitate aftercare for the surrogate.

Rights of Surrogate: Limited options to withdraw parental authority without adoption; right to information persists.

Case Examples from the Zoetermeer Region

Example 1: In Zoetermeer, surrogate Lisa and intended parents Mark and Sophie failed to enter a timely agreement. After Mark's acknowledgment, Lisa remained the mother. The District Court of Zoetermeer approved adoption following a favorable opinion, given the child's upbringing at home.

Example 2: In a case involving IVF issues, the court denied adoption due to a weak bond with the intended mother and proposed joint parental authority instead. Consult Het Juridisch Loket Zoetermeer for such situations. More information in our article on surrogacy.

Frequently Asked Questions