Adoption Procedure for Surrogacy in Delft

Adoption Procedure for Surrogacy in Delft

For intended parents in Delft, the adoption procedure in surrogacy offers a legal pathway to obtain parental authority over a child born through surrogacy, where the surrogate is initially the legal mother. This applies in cases without a valid agreement or where issues arise. Since surrogacy was regulated in the Netherlands in 2022, adoption remains essential in specific situations to establish intended parents as the full legal parents. Delft residents can seek assistance from the Den Haag District Court and the Delft Legal Aid Office for free advice.

Legal Basis

The procedure falls under family law in Book 1 of the Civil Code (CC), particularly Title 15 CC (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 CC). With a timely notarial agreement before week 12 of pregnancy, intended parents can recognize the child immediately after birth, without the surrogate gaining parental authority. Without this or in case of non-compliance, the surrogate remains the legal mother, requiring intended parents to apply for adoption (art. 1:228 CC).

Adoption always requires court approval and an opinion from the child protection board (art. 1:231 CC). Commercial surrogacy is prohibited (art. 1:51c CC), resulting in rigorous scrutiny in Delft by the Den Haag District Court.

Conditions for Adoption in Surrogacy

Strict requirements apply for approval:

• 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) CC).
• The surrogate provides irrevocable consent (art. 1:233 CC), unless incapacitated.
• Intended parents are at least 4 years older than the child, with exceptions for surrogacy.
• No direct blood relation, unless necessary.

The judge at the Den Haag District Court checks for violations of rules against child trafficking or exploitation, which is relevant for Delft residents.

Steps in the Adoption Procedure for Delft

The procedure typically takes 6-12 months:

1. Preparation: Enter into a notarial parenting agreement early. Gather medical and psychological documents. Consult the Delft Legal Aid Office for guidance.
2. After Birth: Apply for recognition at the civil registry of the Municipality of Delft (art. 1:202 CC), if the surrogate remains the mother.
3. Application: File a petition with the Den Haag District Court (art. 1:230 CC), including IDs, VOGs, child protection opinion, and surrogate consent.
4. Hearing: The judge hears the parties and the child from age 12 (art. 1:232 CC).
5. Ruling: If approved, intended parents become legal parents; new birth certificate issued.
6. Registration: Update in the Personal Records Database (BRP) via the Municipality of Delft.

Comparison: Standard vs. Surrogacy Adoption

Rights and Obligations in Delft

Rights of intended parents: Full parenthood post-adoption, including inheritance rights and name choice.

• Full parental authority.

Obligations:

• Reimburse surrogate's costs (medical, etc.; art. 1:51b CC), no commercial arrangements.
• Openness about origins (NVK recommendation).
• Aftercare for surrogate.

Surrogate's rights: Limited withdrawal of authority; right to information remains.

Practical Examples from the Delft Region

Example 1: Delft surrogate Anna and intended parents Bert and Carla lack an agreement. Bert recognizes at the Municipality of Delft, but Anna remains mother. Den Haag District Court approves adoption after positive opinion.

Example 2: In an IVF issue, the court denies adoption due to weak bond unless joint authority. Early advice via Delft Legal Aid Office is key.

See our article on surrogacy in Delft.

Frequently Asked Questions