Children born to a surrogate mother
Currently there are no legal regulations in Belgium on the matter of surrogate motherhood or children born to a surrogate mother.
In respect of this legal vacuum, our services cannot recognize the foreign documents issued in this framework (birth certificate, court judgment…). This position is maintained even if the local legal procedure is scrupulously respected. Indeed, legal consequences in a foreign country have no legal effects on Belgium’s domestic law.
If a Belgian citizen decides to resort to a surrogate mother in India, there is no guarantee whatsoever that the paternity/maternity will be legally recognized in Belgium, nor will a travel document be issued to the child.
The services of the FPS Foreign Affairs will refuse to recognize de jure the legal paternity/maternity right of the Belgian citizen and will not issue a travel document for the child. The concerned citizen will be requested to contact the Court of First Instance (cf. art. 23 and 27 of the code of Belgian international private law).
In light of the abovementioned and considering the difficulties which the Belgian citizen who decides to resort to surrogate motherhood will be confronted with, we wish to remind that the Belgian legislation provides a legal framework for adoption. Consequently, adoption can be a possible alternative.