Surrogacy Laws in the Netherlands

What this establishes

The Netherlands has no surrogacy-specific legislation. Surrogacy arrangements are tolerated in practice but are not legally enforceable. The Staatscommissie Herijking Ouderschap (Government Commission on the Reassessment of Parenthood) recommended in 2016 that the Netherlands introduce legislation to regulate altruistic gestational surrogacy with pre-birth parentage transfer. As of 2026, no legislation has been enacted.

Parentage mechanism

Under Dutch civil law, the woman who gives birth is the legal mother (mater semper certa est). Intended parents must establish legal parentage through adoption proceedings after birth. The biological father may acknowledge the child, but the birth mother must consent to adoption by the intended mother. This process can take several months.

Assisted reproduction access

The Netherlands has a well-developed fertility treatment infrastructure. IVF is available through both public and private clinics. Same-sex couples and single women have access to assisted reproduction including IVF with donor gametes. The country has progressive regulations on donor identity disclosure (donors must consent to identity release when the child reaches 16).

Prohibitions

Commercial surrogacy is prohibited. Article 151b of the Dutch Criminal Code criminalizes public advertising or mediation for surrogacy on a commercial basis. This prohibition targets intermediaries rather than the parties to a private altruistic arrangement. Surrogacy agencies cannot operate commercially in the Netherlands.

Common misunderstandings