Legal and illegal aspects of surrogacy
Under certain conditions, surrogacy is permitted in the Netherlands. Intended parents are free to make a private arrangement with someone they know and are allowed to reimburse her for the cost of bearing the child. However, it is against the law to promote commercial surrogacy.
Surrogacy is legal under certain conditions
In the Netherlands, surrogacy is permitted under the following conditions:
- The intended parents can make a private arrangement with someone they know, for instance a relative or acquaintance. They are not allowed to publicly announce that they are looking for a surrogate mother. This includes posts on social media.
- The surrogate mother may be reimbursed for her expenses.
Promoting commercial surrogacy is illegal in the Netherlands
Promoting commercial surrogacy is prohibited by law under articles 151b and 151c of the Criminal Code (in Dutch). The law does not allow:
- websites to advertise surrogacy, on behalf of people who are looking for – or want to become – a surrogate mother;
- individuals to publicly announce, for instance on social media, that they are looking for a surrogate mother – or that they want to become a surrogate mother.