Surrogate baby living illegally in Netherlands

12 August 2005

BRUSSELS — The Belgian surrogate baby adopted by a Dutch couple is staying in the Netherlands in breach of international treaties, Dutch Justice Minister Piet Hein Donner has admitted.

The minister also told the Dutch Parliament the way in which the child entered the Netherlands is also in breach of international commitments.

Inquiries by the Belgian judiciary have indicated the surrogate mother gave Donna to a Dutch couple on the understanding that she would be cared for and eventually adopted.

However, Minister Donner said there can be no adoption because legal the requirements have not been fulfilled. Procedures have not been initiated to transfer parental authority over to the Dutch couple either.

Consequently, Donner said the Dutch authorities have not given permission for the couple to adopt the baby, Belgian newspaper ‘De Standaard’ reported on Friday.

The controversy started in February after the surrogate mother promised the baby to a Belgian couple. The woman later tried to sell the baby to a gay couple in the Flemish city of Hasselt.

The surrogate mother eventually gave the child in exchange for payment to the Dutch couple from Leusden, near Utrecht. The Dutch couple claims it only paid costs of EUR 5,000 to the surrogate mother.

Police are now investigating whether the surrogate mother acted illegally in selling the infant.

A DNA sample has been taken from the suspected biological father, but the Justice Ministry in The Hague has refused to comment on the results of the test.

The surrogate mother now claims her partner fathered the child and not the intended father who requested the surrogate pregnancy.

A Dutch judge placed the baby at the end of May into temporary foster care. The Dutch couple had previously tried in court to have the Belgian surrogate mother deprived of her parental authority.

The foster parents may keep Donna until a ruling is handed down in the case.

Subject: Belgian news + Dutch news