Yes, surrogacy is legal in Belgium, but strictly regulated under civil and family law. Commercial surrogacy is prohibited, while altruistic arrangements are permitted under court supervision. The 2026 Belgian Family Code amendments require mandatory judicial approval for surrogacy agreements to ensure compliance with parental rights and child welfare protections.
Key Regulations for Surrogacy in Belgium
- Altruistic-only framework: Surrogacy must be uncompensated, with only reimbursement of reasonable expenses permitted under Article 333 of the Civil Code.
- Judicial pre-authorization: All surrogacy agreements require prior court approval to validate the arrangement and prevent exploitation, as per the 2026 Family Code reforms.
- Parentage transfer: Post-birth judicial proceedings are mandatory to transfer legal parenthood from the surrogate to the intended parents, ensuring no ambiguity in filiation.
The Belgian Superior Health Council and the Federal Commission for Medically Assisted Reproduction oversee compliance, particularly regarding medical ethics and consent. Intended parents must demonstrate a medical necessity for surrogacy, as outlined in the 2023 Royal Decree on Assisted Reproduction. Foreign surrogacy arrangements are recognized only if they adhere to Belgian altruistic principles, with additional scrutiny from the Family Court of Brussels for international cases.