Analyse the situation and the documents drawn up abroad.
The country of birth, the documents drawn up there, the parents' situation and any biological link determine which steps to consider in Belgium.
Practice area: Surrogacy abroad
Securing in Belgium the parentage of your child born through surrogacy abroad.
Belgium has no specific legal framework for surrogacy. When a child is born abroad in that context, steps are often needed to have the parentage recognised, obtain the relevant documents and secure the bond with the intended parents.
What this covers
From your parenthood plan to your child's legal recognition in Belgium.
Every case depends on the country concerned, on the documents drawn up there and on the situation of the intended parents: a married couple or not, a different-sex or same-sex couple, a biological parent or not. Depending on the circumstances, recognition in Belgium may come about through the transcription of the foreign birth certificate, court proceedings, or an adoption for the second parent.
The stakes are very practical: your child needs a name, papers, a clear status and a legal bond with both parents. Ideally I am involved from the planning stage onwards and, in any event, for the steps needed on the return to Belgium.
Common situations
Before you leave, when your child is born, and back in Belgium.
The earlier the case is thought through, the more the steps can be prepared before the return to Belgium.
Preparing a surrogacy project abroad Anticipating the conditions for recognition in Belgium of the documents that will be drawn up abroad. Having a foreign birth certificate recognised Applying for the recognition or transcription of the document establishing the child's parentage. Establishing the second parent's parentage Securing the second parent-child relationship where direct recognition is not possible, in particular through an adoption. Documents, nationality and the return to Belgium Organising the steps needed to allow the child to return to Belgium and to have a complete status there. Other international cases Surrogacy is often one strand of a family situation that crosses several countries.
How I work
A structured path to defend the best interests of the child.
Identify the safest route for the child.
Recognition of the record, transcription, court proceedings if the registrar refuses to recognise the parentage established abroad, and adoption for the parent who cannot acknowledge the child. I help you choose the most suitable strategy.
Argue the case before the competent authorities.
I support you in dealings with the authorities and, where necessary, before the Belgian courts, with the rigour that the best interests of the child demand.
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