No. Surrogacy is prohibited in the Netherlands under the Embryos Act (Embryowet), which criminalizes commercial surrogacy arrangements, including payments to surrogates. The Dutch government enforces strict ethical guidelines, aligning with broader European bioethical norms. While altruistic surrogacy is not explicitly criminalized, courts consistently invalidate such agreements, prioritizing child welfare and preventing exploitation. The Ministry of Health, Welfare and Sport (VWS) monitors compliance, with recent 2026 amendments reinforcing penalties for intermediaries facilitating foreign surrogacy.
Key Regulations for Surrogacy in Netherlands
- Criminalization of Commercial Surrogacy: Article 24 of the Embryos Act (2002) prohibits financial compensation to surrogates, with penalties up to 4 years imprisonment or fines up to €87,000 for violators. The Dutch Public Prosecution Service (OM) actively pursues cases involving paid surrogacy, including those arranged abroad.
- Nullity of Surrogacy Contracts: Dutch courts, including the Supreme Court (Hoge Raad, 2019), invalidate all surrogacy agreements, regardless of altruism, deeming them unenforceable due to public policy concerns. This extends to pre-birth orders, which are not recognized.
- Legal Parentage Restrictions: Intended parents must undergo adoption proceedings post-birth to establish legal parentage, as the surrogate is automatically recognized as the mother. The Child Protection Council (Raad voor de Kinderbescherming) scrutinizes these adoptions to prevent circumvention of surrogacy bans.