13. Who is recognised as the legal parent(s) of a child born following surrogacy?
a. surrogate mother
Yes, under Belgian law, the woman who gives birth is the legal parent, even if this is not the genetic mother of the child.
b. oocyte donor
No, in the context of medically assisted procreation, no action concerning filiation or its economic effects is open to gamete donors.
c. sperm donor
No, idem, cf. B
d. intended mother
No, she can become a legal mother only through adoption
e. intended father
Yes conditional. Under the Civil Code, if the mother is not married, in casu the surrogate mother, the intended father may introduce a demand of paternity recognition
14. Do mechanisms exist to transfer parentage from the surrogate mother to the intended parent(s) (e.g. adoption procedures)? Yes. The breaking of parentage can only occur with the adoption by the intended mother and this, following the waiving of the rights by the surrogate mother. But if the surrogate mother is married, the husband of the latter is considered the legal father and must therefore contest his paternity. Once the paternity is contested, the intended father can recognize the child.
15. Is the existence of a genetic link required for establishing paternity/maternity? No.
The legal mother is the woman who gives birth even if she is not the genetic mother.
If the surrogate mother is not married, the intended father can recognize the child at birth.
16. Are the other parties involved mentioned in the birth certificate or other official document connected to the birth?
a. surrogate mother Yes, she is the legal mother
b. oocyte donor No
c. sperm donor No
d. intended mother No
e. intended father Yes, if he recognizes the child at birth
17. Are foreign birth certificates in surrogacy cases registered in your country Yes. Despite the illegality of a surrogacy contract that results in a birth certificate drawn up abroad, parentage can be recognized in the best interests of the child.