Consular information: children born of a surrogate mother
The Belgian ministry of foreign affairs wishes to inform you that Belgian
legislation does not deal with the question of surrogacy or of children
born of a surrogate mother.
Faced with this legislative void, our services are not in a position to
recognize the effects of any foreign documents provided in this context
(birth certificate, conract,…) This position is taken even if the local
legal procedure has been scrupulously followed. That which has effect
abroad, in the case in point is not valid in our internal legal system.
If a Belgian citizen decides to arrange for a surrogate maternity in
the United States, even if the case arises in compliance with local law, there is no
guarantee that his paternity/maternity will be recognized under Belgian law,
nor that the child will be provided with a travel document.
The services of the Federal Public Service Foreign Affairs will refuse
to recognize his full right of paternity/ maternity, will provide no travel
document and will invite him to apply to the court of first authority (See
articles 23 and 27 of the code of international private Belgian law).
In light of what precedes and with the difficulties with which a Belgian
national who has chosen to arrange for surrogacy or a surrogate mother, we
would like to remind you that adoption is provided for by Belgian law and
therefore constitutes a possible alternative.