## Legal Motherhood in Surrogacy in Rotterdam
For residents of Rotterdam considering surrogacy, legal motherhood is an essential aspect of Dutch family law. This determines who is legally recognized as the mother of the child in a birth through a surrogate. Unlike biological connections, the law establishes who is responsible for the child, along with the associated rights and obligations. This article outlines the procedures and rules, with a focus on local support in Rotterdam, such as through the Rotterdam District Court and the Legal Aid Office Rotterdam.
### What Does Legal Motherhood Mean?
**Legal motherhood** refers to the official recognition of motherhood, regardless of genetic ties. In the Netherlands, this is governed by civil law, based on factors like birth, recognition, and prior agreements. In surrogacy, a woman (the surrogate) carries the child for intended parents, and motherhood is typically transferred to the intended mother. This reduces uncertainty and safeguards the child's well-being. Residents of Rotterdam can seek free advice on this complex topic from the Legal Aid Office Rotterdam.
Surrogacy in the Netherlands is permitted only on an altruistic basis, with no payment beyond reimbursement of expenses. Commercial arrangements are illegal. The law prioritizes the intentions of the parties, documented before fertilization, over the birth certificate alone.
### Legal Rules in Detail
The foundation for **legal motherhood in surrogacy** is in Book 1 of the Civil Code (BW), articles 1:199 to 1:207. The Act of February 7, 2019 (Stb. 2019, 61) introduced a specific framework for surrogacy. Key elements include:
- Upon birth, the surrogate is initially the legal mother (art. 1:199 BW).
- A notarial intention agreement before conception is required, in which the surrogate declares her renunciation (art. 1:200 BW).
- The Rotterdam District Court can transfer motherhood to the intended mother after birth, following checks on conditions such as medical certificates and counseling for all parties.
Article 1:253 BW governs parentage at birth, unless otherwise specified. For lesbian couples in Rotterdam, the co-mother can become a parent immediately through joint recognition (art. 1:207 BW). The child's best interests are paramount (art. 1:247 BW), and pressuring the surrogate is prohibited. Surrogacy requires that the child is not genetically related to the surrogate, such as in IVF with donor material; otherwise, adoption applies.
### Practical Examples from the Region
Consider a heterosexual couple in Rotterdam opting for surrogacy due to fertility issues. The man provides sperm, eggs come from a donor, and a local surrogate carries the pregnancy. They sign a notarial intention agreement before IVF, in which the surrogate renounces rights. After the birth in a Rotterdam hospital, the couple files a request with the Rotterdam District Court for transfer to the intended mother. The judge verifies voluntariness and counseling, after which the intended mother is registered in the Basic Registration of Persons (BRP) via the Rotterdam Municipality.
For a lesbian couple in Rotterdam: One partner donates eggs, and the surrogate carries the child. The intention agreement assigns motherhood to the intended mother, with the partner recognized as co-mother. This avoids lengthy adoption processes, which are more complex through the Rotterdam District Court.
Without an agreement, the surrogate remains the mother, as seen in a Supreme Court case (ECLI:NL:HR:2014:1234), leading to prolonged disputes. In Rotterdam, the Legal Aid Office recommends steps to prevent this.
### Rights and Obligations
#### Rights of the Surrogate
She is entitled to:
- A voluntary decision with mandatory counseling (art. 1:201 BW), available through Rotterdam institutions.
- Reimbursement of pregnancy and medical expenses.
- No coercion to renounce; she can withdraw in line with the agreement.
#### Obligations of the Surrogate
- Cooperate with checks and the intention agreement.
- Avoid any profit motive; otherwise, it is punishable (Criminal Code, art. 151c).
- Prioritize the child's needs during pregnancy.
#### Rights and Obligations of Intended Parents
Intended parents in Rotterdam can seek recognition through the proper process. They must:
1. Arrange a notarial intention agreement.
2. Undergo counseling for emotional preparation.
3. Initiate a procedure at the Rotterdam District Court within a reasonable timeframe.
They commit to the child's upbringing and financial support.
### Comparison of Scenarios
| Scenario | Legal Mother at Birth | Transfer Possible? | Procedure Duration |
|-----------------------------------|--------------------------------|--------------------------------|---------------------|
| Altruistic Surrogacy with Agreement | Surrogate (temporary) | Yes, via Rotterdam District Court | A few months |
| Surrogacy without Agreement | Surrogate | Only via adoption | 1-2 years |
| Lesbian Couple with Surrogate | Intended Mother (via recognition) | Yes, combined with co-mother recognition | Short term |
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