What is surrogacy?

Introduction

This page explains what surrogacy is and its various forms and procedures. It also looks at reasons for choosing surrogacy, the parties involved and the legal side of surrogacy in the Netherlands.

Information video about surrogacy (in Dutch)

Main themes of video

If you want to look back at certain sections:   

Main themes of the informational video about surrogacy

How does surrogacy work?

Surrogacy is when someone carries a baby for someone else. For example, because they are unable to get pregnant or are unable to carry a pregnancy to term. The people who are going to bring up the baby are called the intended parent(s)

The woman who grows and carries the baby in her belly is thee surrogate. After the birth, the intended parents take over the care of the baby. Sometimes, there is also an egg donor involved in surrogacy. 

Those involved

The following people are involved in surrogacy: 

  • 1 or 2 intended parents

  • the surrogate, who may or may not have a partner of her own (and their possible childeren)

  • possible, an egg donor, who may also have a partner (and their possible childeren)

Surrogacy is an intense and complicated process that requires careful preparation and decision making. Not only for the intended parents, the surrogate and possible egg donor, but also for the people close to them. The child's interests should be paramount.

Why do people decide to have a child through surrogacy?

People choose surrogacy to have a child of their own even if 

  • neither partner has a uterus or 

  • there's a clear reason why a uterus doesn't work properly or

  • pregnancy is not safe for medical reasons

Forms of surrogacy

There are different types of surrogacy. One major difference is whether the egg comes from the surrogate, the intended mother or an egg donor.  

Surrogate's egg

If the egg is the surrogate's own, then fertilisation (with the intended father's sperm) can take place via self-insemination. The surrogate is then also the child's genetic parent. 

After the birth, the baby goes to the intended parents and they take over its day-to-day care. This is sometimes called traditional, genetic or low-tech surrogacy.

Intended mother's egg

If the egg used comes from the intended mother, it's fertilised in a laboratory with the intended father's sperm. The embryo is then transferred to the surrogate's uterus. An IVF (or ICSI) treatment is then necessary.

The surrogate is not genetically related to the child.

After the birth, the child lives with the intended parent(s) and they take over its care. This is also known as IVF, not genetic or high-tech surrogacy

Donor egg

High-tech surrogacy sometimes uses an egg of an egg donor. 

It is then fertilised in laboratory with the intended father's sperm and transferred to the surrogate's uterus. The surrogate isn't genetically related to the child in this case either. In this case, IVF (or ICSI) treatment is also necessary.

After the birth, the child lives with the intended parent(s) and they take over its care. This is also known as IVF, not genetic or high-tech surrogacy

Surrogacy and sperm donor

If the prospective parents have eggs themselfs but no sperm (or sperm cells) sperm donor may be necessary. Donating both the egg and sperm in combination with a surrogate mother is discouraged.

Finding a surrogate

At the present time in the Netherlands, it is prohibited:

  • to make a public appeal to find a surrogate

  • for someone who wants to become a surrogate go looking for intended parents publicly

  • act as an intermediary, commercially or non-commercially, in finding a surrogate mother.

Intended parents find a surrogate within their own circles or by word-of-mouth by sharing their story and letting friends and family know what they are looking for. When people know that you're looking, sometimes someone comes forward who is willing to explore surrogacy with you further. 

If you find someone potentially willing to embark upon this process with you, be sure to get to know each other very well and explore every aspect together. 

Seek out professional help in the form of counselling from a specialised counsellor and get legal advice from a family law lawyer specialized in surrogacy.

Some intended parents do not find a surrogate in the Netherlands and opt for surrogacy abroad somewhere that allows intermediaries.

What does it involve?

TIf you wish to fulfill your desire to have children with the help of a surrogate mother, the preparation is an intensive process that must be carefully followed.

Before setting out on this process, think about the implications of surrogacy for the child, intended parent(s), possible egg donor, and everyone close to them. For example, for the surrogate's or the egg donor's own children.

Prior to a potential pregnancy, various matters need to be weighed up, agreed up and assessed, including:

 

Practical matters

There are various steps you must go through during surrogacy. Every step of the process, has its own particular characteristics.Take your time with every step. It's important to talk about these before pregnancy. The steps you should dicuss are: (the pages behind the links of these steps are in Dutch we are working on the translation)

  1. Searching and orienting
  2. Getting acquainted
  3. Preperation/ Preparation in the hospital
  4. Getting pregnant
  5. Pregnancy
  6. Childbirth and postpartum period
  7. Court proceedings
  8. Forever

 

Forever

The process does not end when a baby is born with a surrogate's and possible egg donor's help. The surrogacy and possible egg donor are part of your child's origin story and therefore part of your family.

The surrogate (and possible egg donor) have a role in your nuclear and extended family. This is key to the healthy development of your future child's identity.

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