New bill to regulate surrogacy in the Netherlands divides coalition parties

A new bill to create a series of regulations for surrogacy in the Netherlands has divided the coalition parties that make up the country's Cabinet. The proposal should make the procedure easier, and will also put an end to surrogacy for pay. But the ChristenUnie has already said on Friday it is against the proposal, while D66 called it "an important step."

The proposal comes from Legal Protection Minister Franc Weerwind. The D66 politician said the legalization of surrogacy will make "lengthy procedures" a thing of the past. The Council of Ministers approved the plan on Friday.

The current system creates uncertainty for the surrogate mother, the child and the prospective parents. By enshrining it in law, Weerwind said he wants to ensure in the first place that "children born from surrogacy get off to a good start legally, in any case."

Thanks to the new law, the court will soon be able to rule before conception that the intended parents are the legal parents from the birth of the child. There will also be a special register. This contains information about, for example, the agreements that the surrogate mother and the prospective parents have made.

The policy has also laid down in what manner the intended parents may reimburse the surrogate mother, how high the amount may be, and any limitations to reimbursement for expenses, such as maternity clothes. Intended parents who have a child from a surrogate mother from abroad will soon be able to make use of the statutory scheme, subject to certain conditions.

Payment or any other benefit for the surrogacy will become a criminal offence punishable by a maximum of two years in prison, or a fine of up to 22,500 euros for the prospective parents. The surrogate mother involved in a for-pay scheme can receive six months in prison or a fine of 9,000 euros, according to the bill.

ChristenUnie party chair Mirjam Bikker wrote on social media that she believes the new bill would actually increase the risk of systemic abuses, not reduce them. "For the ChristenUnie, the interest of the child comes first and that is precisely why we have objections to the further legal regulation for surrogacy," she said.

Member of Parliament Joost Sneller from D66 sees the opposite happening. "We will be one of the first countries in Europe to get a good arrangement for surrogacy. This law makes it safer for surrogate mothers, prospective parents and children," he said.