Surrogacy means that a woman carries a child for intended parents who cannot have children themselves. In the Netherlands, and therefore also in Zoetermeer, this is not legally established, which often leads to complex legal situations.
Types of Surrogacy
| Category | Genetic origin |
|---|---|
| High-tech (via IVF) | Egg from intended mother or donor, sperm from intended father or donor |
| Low-tech | Egg from surrogate mother, sperm from intended father |
Legal Context in the Netherlands
In the Netherlands, including Zoetermeer, the following rules apply:
- Surrogacy is not illegal
- There is no specific legislation for it
- Commercial forms are prohibited
- The surrogate mother is regarded as the legal mother
- Transfer of parenthood occurs via an adoption process
Who is the Legal Parent?
At birth:
- The surrogate mother is the legal mother (she has given birth to the child)
- Her possible partner is the legal father
- Intended parents have no legal status as parents
Steps for Intended Parents in Zoetermeer
- The intended father acknowledges the child (if biological father) or starts adoption
- The surrogate mother relinquishes her parental authority
- The intended mother adopts the child via a legal procedure
- This process takes at least 1 year
International Surrogacy Issues
Many intended parents from Zoetermeer seek surrogate mothers in countries such as 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
- Possible adoption procedures in the Netherlands
Future Legislation
There is a legislative proposal called 'Child, Surrogacy and Parentage' in development. This should better protect the rights and obligations of both surrogate mothers and intended parents.
Is surrogacy permitted in the Netherlands?
It is not prohibited, but also not regulated. Commercial intermediation is punishable, although reimbursement of expenses for the surrogate mother is permitted.Can a surrogate mother decide to keep the child?
Yes, legally she is the mother. If she does not want to relinquish the child, intended parents have few legal options. Clear agreements in advance are essential, but not enforceable.How long does it take for intended parents to become legal parents?
After birth, an adoption process follows. The child must live with the intended parents for at least 1 year before adoption is possible. The total process often takes 1 to 2 years.Frequently Asked Questions about Surrogacy in Zoetermeer
How do I become a legal parent as an intended parent?
You must start an adoption procedure. The intended father acknowledges the child (if biological father), the surrogate mother relinquishes parental authority, and the intended mother adopts the child. This takes at least one year, during which the child lives with you. A family law attorney can help, for example via the Juridisch Loket Zoetermeer.
Can I find a surrogate mother abroad?
Yes, countries such as the US or Ukraine often offer more legal certainty. However, take into account the recognition of birth certificates in the Netherlands, arranging nationality, and possible adoption procedures. Legal advice is recommended.
What if the surrogate mother keeps the child?
Because she is legally the mother, intended parents have few options if she does not relinquish the child. Written agreements in advance are important, but not binding 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. Profit-making intermediation is punishable.
How long does the legal process take for intended parents?
Usually 1 to 2 years. The child must live with you for at least one year before adoption is approved, in addition to other legal steps.
What are the risks in the Netherlands?
The biggest challenge is the legal uncertainty. Without legal frameworks, there are risks for both surrogate mothers and intended parents, especially in case of disagreement.
For legal support in Zoetermeer, you can contact the Juridisch Loket Zoetermeer. Cases are often handled at the Rechtbank Den Haag, the district court under which Zoetermeer falls.