Surrogacy Adoption Procedure in Rotterdam

Surrogacy Adoption Procedure in Rotterdam

The surrogacy adoption procedure enables intended parents in Rotterdam to obtain full parental authority over a child born through surrogacy. This is necessary if the surrogate mother is initially registered as the legal mother, for example, without a valid agreement or due to unforeseen issues. Since the regulation of surrogacy in the Netherlands in 2022, adoption remains essential for full legal recognition of intended parents as the child's parents.

Legal Basis

This procedure falls under family law in Book 1 of the Dutch Civil Code (DCC), specifically Title 15 DCC (arts. 1:227-1:248) for the adoption of minors. The Surrogacy Act (15 March 2022, Bulletin of Acts and Decrees 2022, 108) legalizes surrogacy and introduces the parenting agreement (art. 1:51a DCC). With a notarial agreement before the 12th week of pregnancy, intended parents recognize the child immediately after birth, without the surrogate mother acquiring parental authority. Without an agreement or in case of breach, the surrogate mother remains the legal mother, making adoption by intended parents necessary (art. 1:228 DCC).

Adoption always requires court approval and an opinion from the Rotterdam Child Protection Council (art. 1:231 DCC). Commercial surrogacy remains strictly prohibited (art. 1:51c DCC). Rotterdam residents can obtain free information on these rules at the Rotterdam Legal Aid Office.

Requirements for Surrogacy Adoption

The District Court of Rotterdam applies strict criteria:

• Adoptive parent(s) are of legal age and provide a Certificate of Conduct from Justis (VOG-NP).
• The child is a minor and adoption serves the child's best interests (art. 1:228(1) DCC).
• The surrogate mother gives irrevocable consent (art. 1:233 DCC), unless incapacitated.
• Intended parents are at least 4 years older than the child, with possible exceptions for surrogacy.
• No direct blood or affinity relationship, unless necessary.

The court explicitly checks for violations of the ban on child trafficking or exploitation, with extra scrutiny for Rotterdam cases.

Steps in the Surrogacy Adoption Procedure

The procedure at the District Court of Rotterdam typically takes 6-12 months:

1. Preparation: Enter into a notarial parenting agreement with a Rotterdam notary. Gather medical and psychological documents.
2. After birth: Apply for recognition with the civil registrar of the Municipality of Rotterdam (art. 1:202 DCC), if the surrogate mother is still the mother.
3. Adoption application: File a petition with the District Court of Rotterdam (art. 1:230 DCC), including IDs, VOGs, child protection opinion, and surrogate consent.
4. Hearing: The judge hears the parties, including the child from age 12 (art. 1:232 DCC).
5. Ruling: Upon approval, intended parents become the legal parents; a new birth certificate follows.
6. Registration: Entry into the Personal Records Database (BRP) via the Municipality of Rotterdam.

Comparison: Regular Adoption vs. Surrogacy Adoption

Rights and Obligations

Rights of intended parents:

• Full legal parenthood post-adoption, including inheritance rights and choice of surname.
• Unrestricted parental authority.

Obligations:

• Reimburse reasonable surrogate expenses (care, clothing; art. 1:51b DCC), without commercial intent.
• Openness about the child's origins (NVK guideline).
• Facilitate aftercare for the surrogate.

Rights of surrogate mother: Limited withdrawal of authority without adoption; right to information remains.

Practical Examples from Rotterdam

Example 1: Surrogate mother Anna from Rotterdam-South and intended parents Bert and Carla from Kralingen fail to enter a timely agreement. Bert recognizes the child post-birth, but Anna remains the mother. The District Court of Rotterdam approves adoption following a positive child protection opinion, given the upbringing with Bert and Carla.

Example 2: Following failed IVF at a Rotterdam clinic, the surrogate remains the mother. The judge denies adoption due to weak bond with the intended mother and advises joint parental authority as an interim step.

Early assistance is essential; consult the Rotterdam Legal Aid Office or our article on surrogacy in Rotterdam.

Frequently Asked Questions