Under Dutch law (Civil Code, Book 1, Articles 197-207, Overheid.nl), parentage is determined by:
(a) The birth mother, who is automatically recognized as a legal parent at birth (Article 198).
(b) The biological father, who is presumed to be the legal parent if married to or in a registered partnership with the mother (Article 199) or if he acknowledges paternity (Article 203). For unmarried couples, the father must formally acknowledge the child or establish paternity through court proceedings (Article 207).
In cases of informal sperm donation (e.g., at-home artificial insemination or natural insemination), the donor may be recognized as the legal father if he acknowledges paternity or if a court establishes paternity based on biological evidence or intent to parent (Article 207), particularly if he is involved in the child’s life post-birth.
Assisted Reproduction:
In the Netherlands, gamete donation is regulated under the Donor Information Artificial Insemination Act 2004 (Wet donorgegevens kunstmatige bevruchting, Overheid.nl). “Donor-assisted human reproduction” (DAHR) involves donated gametes used in licensed fertility clinics (Article 2). Note: Informal sperm donation is not explicitly prohibited but lacks legal protection and is discouraged due to potential paternity risks.
DAHR is permitted for heterosexual couples, same-sex couples, and single women. Donors must be 18-45 years old, healthy, and consent to identifiability. Since 2004, anonymity has been abolished—children can access donor information at age 16 (Article 3).
Sperm Donor Agreements:
In regulated DAHR, the donor is not a legal parent if the procedure complies with the 2004 Act. The intending parents are recognized as legal parents at birth (Article 199). Note: Informal sperm donation lacks this protection—donors risk being recognized as legal parents under general paternity laws (Article 199 or 207), especially if they acknowledge the child or are involved post-birth.
For natural insemination (NI) or informal AI, Dutch law does not provide specific exclusions for donors. A donor could be deemed the legal father if paternity is established, particularly if the mother is unmarried and the donor acknowledges the child. Courts may also intervene to establish paternity if there’s evidence of intent to parent.
Surrogacy:
Surrogacy is not explicitly regulated in the Netherlands but is permitted in a legal grey area. Commercial surrogacy is prohibited under the Criminal Code (Article 151b), but altruistic surrogacy is practiced with guidelines from the Dutch Society for Obstetrics and Gynecology.
Parentage defaults to the birth mother, and intending parents must adopt the child post-birth to establish legal parentage, often requiring court approval (Civil Code, Article 228). A 2020 State Commission report recommended formal regulation, but no law has been enacted as of 2025.
International surrogacy arrangements are recognized on a case-by-case basis, often requiring legal proceedings to establish parentage in the child’s best interests (e.g., Supreme Court, 2016).
Parentage Agreements:
In regulated DAHR, parentage is formalized through consents at fertility clinics, with intending parents recognized at birth registration (Article 199). Informal agreements (e.g., co-parenting or donor contracts outside DAHR) may be recognized by courts if formalized (e.g., via notarial deed), but they are not automatically binding. Courts may need to intervene under Article 207 to establish or contest paternity if disputes arise.
Informal arrangements carry legal risks, as Dutch law prioritizes biological parentage over intent in non-regulated settings. A donor could claim paternity, or the mother could seek child support, depending on judicial interpretation.