Surrogacy in Belgium

Legal Status of Surrogacy

Is Surrogacy Legal in Belgium?

There isn’t a clear answer as to whether surrogacy is legal or allowed in Belgium due to there not being a specific law allowing or banning surrogacy. This is why Belgium is considered to be in a legal grey area for surrogacy as it’s not completely illegal, but it’s not officially recognised or controlled by a law or regulation.

Altruistic surrogacy is when the surrogate mother only receives compensation for essentials throughout the journey like assistance for medical appointments, or financial assistance for any care, but they will not be compensated for their time or commitment to the journey. These can be set up via private agreements, but currently, intended parents, surrogate mothers, or children born through these arrangements are not protected. The contracts prepared and signed are not legally binding in the courts, creating uncertainty for many intended parents in Belgium. In addition to this, once the baby is born, there can be delays in family registration, like health insurance, child benefits, difficulty obtaining citizenship for the baby or a Belgian passport, and an inability to register both intended parents in the family registry. This is the reason they choose to pursue surrogacy in other countries and where the legal status is clear and their rights are formally protected. 

Belgium is very unclear and complicated in the law when it comes to surrogacy, this puts anyone in a risky position as without clear laws, rules or regulations, they can find themselves experiencing more legal and emotional challenges if they pursue surrogacy in Belgium.

Legislative Status in Other European Countries

Throughout Europe, each country differs when it comes to the surrogacy laws. For example, in Georgia it’s legal, controlled, and available to people from around the world. Places like this have clear rules and requirements about who can be a parent or surrogate, and the contracts are followed. This is why countries like this tend to be chosen when people are thinking about building their family through surrogacy.

There are countries that do not allow any type of surrogacy, such as Italy, Germany, and France, even if it is the altruistic type where compensation is not included. The law states if someone is to break the rules in these countries, they might get a fine or face legal issues. There are also countries that only allow altruistic surrogacy like the Netherlands and the UK, their rules are strict, especially with how surrogacy is advertised and how much money can be given.

Cost of Surrogacy in Belgium

There is no official cost for surrogacy or structure as it is not legally regulated in Belgium. In cases where altruistic surrogacy takes place, the financial arrangement is limited to the surrogacy only receiving the necessary expenses, such as medical care, maternity clothing, or travel whilst if it was commercial surrogacy, the surrogate may receive additional assistance like accommodation, or a monthly allowance.

Most Belgian couples tend to look at surrogacy abroad due to the legal uncertainty they face in their country. The total cost of a surrogacy programme can range from €50,000 to €100,000 in regulated countries, but this also depends on the location of the surrogacy programme, the in vitro fertilisation (IVF) procedures, legal services, and compensation models.

Surrogacy in Belgium may seem like it is less expensive, but the lack of legal protection usually leads to unexpected emotional and legal challenges, which is why the international programmes available are chosen as they are safer and more predictable even though there are higher costs.

Surrogacy Process and Preparation

The surrogacy process and preparation for the upcoming journey is about more than being ready medically, it also involves being legally aware of surrogacy in the country, emotionally planning for what is to come, and the careful coordination that must be done, especially in Belgium.

Steps to Prepare for Surrogacy

There are several important steps to prepare for surrogacy, even in countries like Belgium. Prior to intended parents considering surrogacy, they will need to have medical check ups to confirm they really have a need for surrogacy and find out if they are eligible for IVF.

Once this is confirmed, they should have a legal consultation with an experienced lawyer to understand the risks involved if they are entering a private agreement when there is no enforceable protection within the country. Even if the private agreement is not legally binding like in Belgium, it’s important to discuss and draft a written agreement that outlines the intentions, expectations.

If surrogacy is happening in another destination, the intended parents must also prepare documents for the citizenship and passport issuance for the baby. Sometimes, a post birth legal recognition document may be required and prepared in order to make sure they will be legally recognised as the baby’s parents. The types of documents needed will depend on which international country is chosen.

Choosing a Surrogate Mother

Finding a surrogate mother in Belgium is usually through word of mouth, personal networking, or informal referrals due to the absence of a legal framework. This means there are no licensed agencies or government registries to assist with a matching process like in many other locations.

When choosing a surrogate mother, there are some main characteristics that people look for, these are usually the health of the surrogate, the age, and whether they have had any previous pregnancies. These characteristics are not to discriminate against women who wish to be surrogates, they are chosen as intended parents would like to experience a smooth journey, and they are known to promote a healthy outcome. The age group that is usually used is between 21 and 38 years old. Other things that should be mentioned when you meet a surrogate are what the expectations are for both parties relating to the medical decisions throughout the pregnancy, whether there will be any compensation, and all emotional boundaries.

There is a lot of planning that goes into choosing a surrogate mother, this is why many Belgian couples will choose to work with international surrogacy agencies as they are known to screen and support surrogates under the regulations in the other countries. Essentially, this reduces the risks associated with local informal arrangements.

Legal Registration of Children Born Through Surrogacy

Legally registering a baby born through surrogacy in Belgium can be complex and unclear. The birth certificate of a surrogate baby is one of the issues intended parents can face as they will want to be named as the legal parents, even more so if their baby is born in another country. This is mainly down to the legal grey area surrounding surrogacy in Belgium.

Sometimes, the surrogate mother will be registered as the legal mother, even if they are not related to the baby genetically. In turn, this contributes to emotional and long legal proceedings for intended parents as they will potentially have to go through an adoption process, or obtain recognition as parents for the baby which can be a long and emotional process, and far from guaranteed.

If the baby is born in another country, like Georgia or Greece, where intended parents will be named on the birth certificate from the moment the baby is born, and surrogacy is legal and well-regulated, they must still complete additional legal steps in both Belgium and the other country. These include but are not limited to the immigration rules in Belgium and the laws within the country where surrogacy has taken place, usually by the intended parents. The process will require a number of documents and this will depend on the destination of the surrogacy, but things like DNA tests, embassy paperwork, or court approval are some of the potential challenges that intended parents may have to face. All of these would have to be done before the baby could obtain citizenship or a passport, therefore, legal guidance is extremely important from the beginning of the journey as Belgian authorities don’t automatically recognise foreign surrogacy. All intended parents are advised to work with legal professionals if they are thinking of using surrogacy in another country.

Ethical Considerations and Future of Surrogacy

Ethically, surrogacy is a deeply debated topic in Belgium as some people feel giving birth is becoming more like a business transaction, how it potentially takes advantage of women who are experiencing difficult situations, and how it could affect the child’s sense of self later on in life. Other people can see surrogacy as a reproductive right, and feel it should be accessible to families everywhere. In addition to people’s views, Belgium’s Comité Consultatif de Bioéthique has been discussing surrogacy since the early 2000s, but the internal disagreements and political hesitations have blocked any attempt at national regulation. These ethical concerns prevent the progress of legislation taking place.

Nevertheless, the advanced healthcare system and increasing demand for options in reproduction are generating pressure on officials for a more structured regulation in Belgium. The experts in surrogacy have voiced that they believe with ethical safeguards and legal clarity, it could become an incredibly supportive environment in Belgium.

Ethics of Surrogacy in Belgium

The main ethical concern in Belgium is balancing the surrogate’s autonomy with the intended parents’ desires and the child’s best interests. The bioethics committees and medical associations have debated for an extensive amount of time as to whether surrogacy aligns with dignity and patient autonomy.

Altruistic surrogacy within Belgium is more favourable, but this type of surrogacy doesn’t come without a high risk of challenges. The challenges to think about are miscommunications between everyone involved, disagreements during the pregnancy, lack of care for the surrogate, or unintended harm. This is why the legalities of surrogacy are important and there should be lawyers involved so they can assist people with the journey. Ethically, there should be fully informed consent, everyone should be psychologically ready, and post birth support should be provided for everyone involved.

Public Opinion and Legislative Changes

There is a mixture of opinions on surrogacy within Belgium, some citizens support surrogacy and believe everyone should have reproductive freedom. But others who are not so forthcoming to surrogacy have concerns for ethical and legal reasons. 

There have been surveys in Belgium where it shows the citizens are more susceptible to altruistic surrogacy when it helps heterosexual married couples struggling with infertility. However, the legislative action has slowed due to political hesitation and religious values.

There have been a number of discussions within parliament to propose clear surrogacy guidelines in recent years, including medical oversight and protecting a child. Although a law hasn’t passed as of yet, this does not mean that in future it will not. The pressure to introduce guidelines is increasing for future reforms aimed at balancing reproductive rights and ethical responsibility.