Surrogacy
It is not always possible to become a parent in the traditional way. This may be due to medical reasons, because you are of the same sex, or because you are single. You may therefore be considering surrogacy or already be in the process of surrogacy. It is important to seek proper advice before and during this process, as the legislation surrounding surrogacy is not yet properly regulated.
Surrogacy legislation in the Netherlands
At present, there is no clear legislation on surrogacy in the Netherlands, but this is likely to change. Surrogacy can take place through insemination with sperm from the intended father or a donor, also known as traditional surrogacy, or through in vitro fertilisation (IVF) (gestational surrogacy). After the birth, the intended parents have their legal parenthood acknowlegded by court or adopt the child. Sometimes a different procedure is required.
“'For many years, I have been assisting intended parents and surrogate mothers in surrogacy situations, both at home and abroad.”'
Finding a surrogate mother
In practice, we see that intended parents usually ask someone from their immediate circle to be a surrogate mother. It is wonderful when a sister, friend or cousin can fulfil the strong desire to have children when the traditional route is not possible. However, if no one within the intended parents' network agrees to be a surrogate mother, the options are very limited due to current rules and laws.
Legal parenthood
The intended parents are not automatically the legal parents of the child at birth. This is because, according to Dutch law, the surrogate mother is the legal mother of the child. She is also responsible for the child's custody. If the surrogate mother is married, her husband is also automatically the legal father of the child. Legal parenthood and parental authority cannot simply be transferred to the intended parents in the Netherlands. This transfer requires a surrogacy agreement and a legal process must be followed. It is important that you are assisted in court by a specialist solicitor who has experience in advising and conducting proceedings in surrogacy cases.
Guidance during the surrogacy process
For many years, I have been assisting intended parents and surrogate mothers in surrogacy situations, both at home and abroad. In short, I guide them on the path to legal parenthood. This subject is close to my heart, because I get to contribute to something very tangible and essential: having a child. I am a committed, practical and expert solicitor. This comes in handy when guiding clients through the process.
I advise prospective parents and surrogate mothers from start to finish. This begins with providing information before the pregnancy about the route to be followed.
I can then draw up and review the necessary contracts and, finally, I conduct the legal proceedings in court to establish legal parenthood in the Netherlands. Thanks to my many years of experience, I can advise you on the costs and legislation surrounding surrogacy and adoption.
Support for surrogacy in the Netherlands and abroad
In my practice, I assist prospective parents in various situations, such as Dutch surrogacy processes and babies born to foreign surrogate mothers. In my practice, I have seen babies born in the Netherlands, the United States, Canada, South Africa, and many other countries. The prospective parents may be heterosexual or homosexual couples, but also single fathers or mothers who wish to have children. Are you considering becoming a surrogate mother? In that case, I can also provide you with advice and assist you in the legal process.
Becoming or engaging a surrogate mother? Seek legal assistance in good time!
It is important to seek advice in good time if you are considering surrogacy. It is best to do this well before you become pregnant. There are a number of aspects of the process that require extra attention. For example, an agreement must be reached with the surrogate mother before the pregnancy and proper care must be provided for both the surrogate mother and the prospective parents (e.g. psychological care). In addition, extra attention must be paid to any (anonymous) donors. There may also be risks involved in following foreign procedures, which means (among other things) that the foreign birth certificate may not always be recognised in the United Kingdom and your parenthood may not be automatically recognised in the United Kingdom. I can guide you through this process.
Surrogacy procedure arranged from A to Z
Because surrogacy appeals to me so much, I enjoy working on this subject alongside my work as a solicitor. I regularly give lectures and guest lectures on surrogacy and have published articles on this subject. I am also affiliated with the DuRF foundation and a member of the Family and Youth Law Legislative Advisory Committee of the Dutch Bar Association.
Are you considering surrogacy or would you like to know more about the legislation surrounding surrogacy? Feel free to contact me for more information, without obligation.