Surrogacy Adoption Procedure in Tilburg

Surrogacy Adoption Procedure in Tilburg

For intended parents in Tilburg, the surrogacy adoption procedure is the 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 the Surrogacy Act of 2022, the process in the Netherlands has become clearer, but adoption remains necessary in Tilburg cases to fully establish intended parents as legal parents. Contact Juridisch Loket Tilburg for personalized advice.

Legal Basis in Tilburg

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 (March 15, 2022) introduced the parenting agreement (art. 1:51a CC). If concluded notarially before week 12 of pregnancy, intended parents can immediately recognize the child after birth at the Municipality of Tilburg, without the surrogate gaining parental authority. Otherwise, she remains the mother, and intended parents must apply for adoption at the District Court of Zeeland-West-Brabant in Breda (art. 1:228 CC).

Always required: judicial approval and advice from the child protection council (art. 1:231 CC). Commercial surrogacy is prohibited (art. 1:51c CC), ensuring strict oversight for Tilburg families.

Requirements for Surrogacy Adoption in Tilburg

The District Court of Zeeland-West-Brabant applies strict criteria:

• Adopter(s) must be of legal age with a Justis Certificate of Conduct (VOG-NP).
• Child must be a minor; adoption must be in the child's best interests (art. 1:228(1) CC).
• Surrogate provides irrevocable consent (art. 1:233 CC), unless incapacitated.
• Intended parents at least 4 years older than the child, with exceptions for surrogacy.
• No close blood ties, unless necessary.

The judge in Breda explicitly checks for child trafficking or exploitation, particularly in local surrogacy cases.

Step-by-Step Guide to the Adoption Procedure in Tilburg

The procedure typically takes 6-12 months:

1. Preparation: Conclude a notarized surrogacy parenting agreement. Gather medical and psychological documents from Tilburg agencies.
2. After Birth: Apply for recognition at the civil registry of the Municipality of Tilburg (art. 1:202 CC) if the surrogate remains the mother.
3. Application: File a petition at the District Court of Zeeland-West-Brabant, Breda location (art. 1:230 CC), including IDs, VOGs, child protection advice, and surrogate consent.
4. Hearing: Judge hears parties and child (if over 12; art. 1:232 CC).
5. Order: Approval establishes intended parents as parents; new birth certificate issued.
6. Registration: Entry into the Personal Records Database (BRP) at the Municipality of Tilburg.

Comparison: Regular vs. Surrogacy Adoption

Rights and Obligations for Intended Parents in Tilburg

Rights:

• Full legal parenthood, inheritance rights, and surname after adoption.
• Parental authority.

Obligations:

• Reimburse reasonable surrogate expenses (art. 1:51b CC), without profit.
• Transparency about origins (NVK guidance).
• Facilitate aftercare for surrogate.

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

Practical Examples from the Tilburg Region

Example 1: Surrogate Lisa from Tilburg and intended parents Mark and Sophie fail to conclude a timely agreement. After birth, Mark recognizes the child at the Municipality of Tilburg, but Lisa remains the mother. The District Court of Zeeland-West-Brabant approves adoption following positive advice.

Example 2: In IVF issues, surrogate remains mother. Breda judge denies adoption due to weak bond, suggests joint authority.

Early advice from Juridisch Loket Tilburg prevents this. Read more about surrogacy in Tilburg.

Frequently Asked Questions for Tilburg