Legal possibilities for gay couples to have children increased, surrogate’s rights will be by law

Coalition parties have now reached an agreement on custody issues for families with more than two parents or with surrogacy. Legally, Dutch kids will be able to have up to four parents, with the rights of surrogates and the parents written out in the law. This has been named a “historic breakthrough” as it “gives more couples, such as gay couples, the legal possibility of having a child”, explained someone involved in the agreement, according to a RTL Nieuws.

The lays will require a surrogate mother to be registered before the birth in order to maintain a clean record. Additionally, the contract between a surrogate mother and the prospective parent/parents will also need to be written out before conception and submitted to a court if requested. The draft letter to parliament explains, “that gives the child the best chance of certainty about who his or her parents are.” Furthermore, the surrogate mother and one or more of the prospective parents must have Dutch nationality and live in The Netherlands. And to avoid child-buying or commercial surrogacy, no money beyond the reimbursement for pregnancy costs can be given.

This has been the government’s reaction to advice received from the State Committee on Reviewing Parenthood. The coalition parties argued heavily over the topic with D66 most in support of the giving more rights to parents and the ChristenUnie most against this shift in traditional families. After the CDA supported the issue, the ChristenUnie was out-voted. However, if the proposals are discussed in the Tweede Kamer, the ChristenUnie may vote against them, reports NL.Times.


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