Surrogacy Adoption Procedure in Den Haag
For intended parents in Den Haag, the surrogacy adoption procedure provides the legal pathway to obtain parental authority over a child born through surrogacy, where the surrogate mother is initially the legal mother. This applies in cases without a valid agreement or in disputes. Since surrogacy was regulated in the Netherlands in 2022, adoption remains essential in complex situations, enabling intended parents from Den Haag to become fully legal parents. For advice, contact the Juridisch Loket Den Haag.
Legal Basis in Den Haag
The procedure falls under persons and family law in Book 1 of the Dutch Civil Code (DCC), particularly 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 week 12 of pregnancy, intended parents recognize the child immediately after birth, without the surrogate acquiring parental authority. Without this or in case of non-compliance, the surrogate remains the legal mother, requiring adoption via the District Court of Den Haag (art. 1:228 DCC).
Adoption always requires court approval and an opinion from the Child Protection Board for the Den Haag region (art. 1:231 DCC). Commercial surrogacy remains prohibited (art. 1:51c DCC), with strict oversight by local authorities.
Requirements for Surrogacy Adoption in Den Haag
The District Court of Den Haag applies strict criteria:
- Adoptive parent(s) must be of legal age and hold a Certificate of Conduct from Justis (VOG-NP), obtainable via the Municipality of Den Haag.
- The child must be a minor, and adoption must serve the child's best interests (art. 1:228(1) DCC).
- The surrogate must provide irrevocable consent (art. 1:233 DCC), unless incapacitated.
- Intended parents must be at least 4 years older than the child, with possible exceptions for surrogacy.
- No direct blood or affinity relationship, unless necessary.
The Den Haag court explicitly checks for violations related to child trafficking or exploitation.
Step-by-Step Surrogacy Adoption Procedure in Den Haag
The procedure typically takes 6-12 months and proceeds as follows:
- Preparation: Enter into a notarial parenting agreement early. Gather medical and psychological documents; consult the Juridisch Loket Den Haag.
- After birth: Apply for recognition with the civil registry officer of the Municipality of Den Haag (art. 1:202 DCC), if the surrogate is still the mother.
- Application: File a petition with the District Court of Den Haag (art. 1:230 DCC), including IDs, VOGs, child protection opinion, and surrogate consent.
- Hearing: The judge hears the parties, including the child if over 12 (art. 1:232 DCC).
- Ruling: Upon approval, intended parents become legal parents; new birth certificate via the municipality.
- Registration: Update in the Personal Records Database (BRP) with the Municipality of Den Haag.
Comparison: Standard vs. Surrogacy Adoption
| Aspect | Standard Adoption | Surrogacy Adoption in Den Haag |
|---|---|---|
| Duration | 1-3 years | 6-12 months |
| Costs | €10,000-€30,000 | €5,000-€15,000 (excl. reimbursements) |
| Anonymity | Often international | Relational, known parties |
| Review | Strict via intermediary | District Court of Den Haag + child protection |
Rights and Obligations in Den Haag
Rights of intended parents:
- Full legal parenthood post-adoption, including inheritance rights and name choice.
- Unrestricted parental authority.
Obligations:
- Reimburse actual surrogate costs (care, clothing; art. 1:51b DCC), without commercial intent.
- Openness about origins to the child (NVK guideline).
- Facilitate aftercare for the surrogate.
Rights of surrogate: Limited withdrawal of authority without adoption; right to information remains.
Case Examples from District Court of Den Haag
Case 1: Surrogate Anna and intended parents Bert and Carla from Den Haag fail to enter a timely agreement. Bert recognizes post-birth, but Anna remains mother. The District Court of Den Haag approves adoption following a favorable child protection opinion, given upbringing with intended parents.
Case 2: IVF issues leave surrogate as mother. Court denies adoption due to weak bond with intended mother, unless trial parental authority.
Early advice via Juridisch Loket Den Haag prevents issues. Read our article on surrogacy in Den Haag.
Frequently Asked Questions Den Haag
Is adoption always required for surrogacy in Den Haag?
No, a valid parenting agreement makes intended parents parents immediately. Only needed for failures or disputes; check with District Court of Den Haag.
How long does surrogacy adoption take in Den Haag?
6-12 months, varying by case. Prepare via Municipality of Den Haag.
Can a single parent in Den Haag adopt via surrogacy?
Yes, if requirements are met (art. 1:227 DCC). Strict child best interests review by the court.
What if the surrogate reconsiders?
Irrevocable consent is binding; consult Juridisch Loket Den Haag for disputes.