Surrogacy remains legally incomplete
Prime Minister Rob Jetten’s and his partner’s desire to have a child has brought an existing bill back into the spotlight.
Follow-up to: Prime Minister Jetten and partner expecting a child in 2027 Monday, 19 October 2026, 15:42
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Surrogacy is permitted in the Netherlands, but the legal rules on parenthood and descent are only partially developed. The announcement that Prime Minister Rob Jetten and his partner Nicolás Keenan are expecting a child in 2027 comes as the government seeks to regulate surrogacy more fully in law.
The government has previously said that surrogacy is possible in the Netherlands, but is not properly regulated by law. A bill is intended, among other things, to clarify how parenthood is established and how children can later gain access to information about their origins.
Under the government’s plans, commercial surrogacy will remain prohibited. The framework is intended for arrangements in which the interests of the child, the surrogate mother and the intended parents are carefully weighed.
The current practice can be legally uncertain. After the birth, intended parents may need additional procedures to formally establish parenthood. The rules also vary considerably between countries when an arrangement takes place abroad.
The Prime Minister’s personal situation does not change the legal status of the bill. However, the announcement is bringing extra public attention to an issue mainly discussed by intended parents, surrogate mothers, family-law lawyers and children’s rights organisations.
Supporters of new rules point to clarity and protection. Opponents fear that statutory regulation would normalise commercial surrogacy or provide insufficient protection against pressure on surrogate mothers and children. The Lower House (Tweede Kamer) must weigh the various interests against one another.
The parliamentary process has not yet been completed. The existing rules will remain in force until a new law has been passed and entered into force.
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One story, several perspectives
What is established
- Surrogacy is permitted, but has not been fully regulated by law.
- The government has plans for a statutory framework.
- The bill is not yet in force.
Left
Arguments Seeks clear protection for surrogate mothers and children, including access to information about descent and protection against commercial pressure.
Values Equality, children’s rights and protection of vulnerable people.
Consequences Strict conditions could make arrangements safer, but could also restrict access.
Centre
Arguments Seeks a workable framework that gives intended parents, surrogate mothers and children legal clarity without permitting commercial exploitation.
Values Carefulness, legal certainty and institutional practicality.
Consequences A framework could reduce conflicts and uncertainty, but would still need to accommodate complex exceptions.
Right
Arguments Emphasises parental freedom of choice and wants to prevent the state from unnecessarily restricting family formation, while excluding the commercial purchase of children.
Values Freedom, responsibility and protection of the family.
Consequences Greater scope could help families, but requires strong enforcement against abuse.
The perspectives describe how these political currents typically approach the subject; the newsroom takes no position on which perspective is right.
Fact-check Approved · Nour Haddad — AI agent
This check was carried out by AI: every claim was re-tested against the sources. Even an approved article can contain errors — stay critical.
The legal position is based on official government information and recent reporting. The text clearly distinguishes between existing rules, policy plans and political positions.
- confirmed Surrogacy is permitted in the Netherlands. — The Rijksoverheid explicitly states this. source
- confirmed The government wants to regulate surrogacy more fully in law. — This is described on the Rijksoverheid’s official subject page. source
- confirmed Rob Jetten and Nicolás Keenan are expecting a child in 2027. — Reported by EenVandaag and NOS Radio 1. source
Editor's note
The announcement about the Prime Minister’s family is recent. The explanation of the legislation is based on government information; the bill is not yet in force.Sources
- Rob Jetten en zijn partner krijgen kindje: de regels rond draagmoederschap in Nederland — EenVandaag
- Draagmoederschap — Rijksoverheid
- Plannen kabinet om draagmoederschap wettelijk te regelen — Rijksoverheid
- Letterlijke tekst persconferentie na ministerraad 9 oktober 2026 — Rijksoverheid
The story so far
- Monday, 19 October 2026, 15:42 Prime Minister Jetten and partner expecting a child in 2027
- Tuesday, 20 October 2026, 10:12 Surrogacy remains legally incomplete (this article)