Adoption Procedure for Surrogacy in Amsterdam

Surrogacy Adoption Procedure

For Amsterdam intended parents, the surrogacy adoption procedure provides the legal pathway to obtain parental authority over a child born through surrogacy, where the surrogate is initially the legal mother. This applies in the absence of a valid agreement or unexpected complications. Since the regulation of surrogacy in the Netherlands in 2022, adoption remains essential in specific situations to make intended parents fully legal parents. In Amsterdam, you can start with advice from the Juridisch Loket Amsterdam.

Legal Basis

The procedure falls under family law in Book 1 of the Civil Code (BW), particularly Title 15 BW (arts. 1:227 to 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 BW). With a notarial agreement before the 12th week of pregnancy, intended parents recognize the child immediately after birth, without the surrogate gaining parental authority. Without an agreement or in case of non-compliance, the surrogate remains the legal mother, necessitating adoption by the intended parents (art. 1:228 BW).

Adoption always requires court approval and an opinion from the Amsterdam Council for Child Protection (art. 1:231 BW). Commercial surrogacy remains prohibited (art. 1:51c BW), resulting in rigorous scrutiny at the Amsterdam District Court in Amsterdam.

Conditions for Surrogacy Adoption

The Amsterdam District Court applies strict requirements:

• Adoptive parent(s) are of legal age and hold 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) BW).
• The surrogate provides irrevocable consent (art. 1:233 BW), 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.

In surrogacy cases, the court explicitly checks for violations of the ban on child trafficking or exploitation, with heightened attention in an urban context like Amsterdam.

Steps in the Surrogacy Adoption Procedure

The procedure typically takes 6-12 months and proceeds as follows for cases in Amsterdam:

1. Preparation: Enter into a notarial parenting agreement early and consult the Juridisch Loket Amsterdam. Gather medical and psychological documents.
2. After Birth: Apply for recognition with the civil registry officer of the Municipality of Amsterdam (art. 1:202 BW), if the surrogate remains the legal mother.
3. Adoption Application: File the request with the Amsterdam District Court (art. 1:230 BW), including IDs, VOGs, opinion from the Amsterdam Council for Child Protection, and surrogate's consent.
4. Hearing: The judge hears the parties, including the child if over 12 years old (art. 1:232 BW).
5. Ruling: Upon approval, intended parents become legal parents; a new birth certificate follows.
6. Registration: Update in the Personal Records Database (BRP) with the Municipality of Amsterdam.

Comparison: Standard Adoption vs. Surrogacy Adoption

Rights and Obligations

Rights of Intended Parents:

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

Obligations:

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

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

Practical Examples

Example 1: Amsterdam surrogate Lisa and intended parents Tom and Eva fail to enter a timely agreement. After birth, Tom recognizes the child at the Municipality of Amsterdam, but Lisa remains the mother. The Amsterdam District Court approves adoption following a positive opinion from the Council for Child Protection.

Example 2: In IVF issues, the surrogate remains the mother. The court denies adoption due to weak bond with the intended mother, unless joint authority first.

These Amsterdam cases highlight the need for early assistance. See our article on surrogacy in Amsterdam.

Frequently Asked Questions