The legal framework in 2026
Surrogacy, often referred to as the use of a "surrogate mother," raises numerous legal issues in Belgium.
Despite a well-established hospital practice, Belgium still does not have a specific legal framework governing surrogacy in 2026. This lack of legislation places the intended parents, the gestational surrogate, and the child in a situation of legal uncertainty.
As a lawyer specializing in family law in Brussels since 1997, I regularly advise couples and single individuals facing the legal issues associated with surrogacy, whether it is carried out in Belgium or abroad.
This article outlines the current state of Belgian law in 2026.
The absence of a specific legal framework
Belgium is one of the few European countries where surrogacy is neither expressly permitted nor expressly prohibited.
No criminal provision penalizes the use of a surrogate mother. However, a surrogacy agreement is considered unenforceable under Belgian civil law: none of the parties may seek to have it enforced by the courts.
The Act of 6 July 2007 on medically assisted reproduction (MAR) regulates certain aspects of gamete donation and embryo storage, but it does not govern surrogacy.
In practice, only a small number of Belgian university hospitals, particularly in Liège, Ghent, Antwerp, and Brussels, agree to perform surrogacy arrangements under particularly strict medical and ethical protocols.
The applicable rules on legal parentage
In the absence of specific legislation, the general rules governing legal parentage apply.
Legal motherhood
Pursuant to Article 312 of the former Civil Code, the woman who gives birth is automatically recognized as the child's legal mother.
In the context of surrogacy, the intended mother, even if she is the child's biological mother, is therefore not recognized as the legal mother at birth. In most cases, she will need to initiate adoption proceedings in order to establish her legal parentage.
Legal fatherhood
Where the gestational surrogate is married, her husband benefits from the legal presumption of paternity.
The intended father must first obtain a court ruling rebutting that presumption, where the legal conditions are met, before he can acknowledge the child.
The Constitutional Court's judgment of 30 March 2023
In its Judgment No. 56/2023 of 30 March 2023, the Constitutional Court provided important clarification regarding legal parentage in the context of surrogacy.
The Court held that the presumption of paternity in favour of the gestational surrogate's husband cannot prevent the intended father from acknowledging the child where no shared parental project exists between the spouses.
This judgment now makes it easier to challenge the presumption of paternity where the gestational surrogate and her husband have no intention of becoming the child's parents.
The Opinion of the Belgian Advisory Committee on Bioethics
In April 2023, the Belgian Advisory Committee on Bioethics published a new opinion on surrogacy.
The Committee considers that strictly altruistic surrogacy may be permitted, provided it is governed by legislation that ensures the protection of all persons concerned, particularly the child and the gestational surrogate.
To date, no legislative reform has yet been adopted.
La GPA réalisée à l’étranger
Many Belgian intended parents choose to pursue their surrogacy arrangements abroad, particularly in Greece, Ukraine, or certain U.S. states.
However, returning to Belgium with the child may give rise to significant difficulties regarding the recognition of legal parentage.
Foreign birth certificates and foreign court decisions do not automatically produce legal effects in Belgium.
According to the case law of the European Court of Human Rights, states must nevertheless provide a mechanism for recognizing the legal parent-child relationship between a child born through surrogacy abroad and the child’s biological intended parent, in the best interests of the child.
Recent developments in Europe
European law continues to evolve on the issue of surrogacy.
In 2024, the European Union adopted a new directive strengthening the fight against human trafficking, which specifically targets certain forms of exploitative surrogacy.
In addition, several Member States have amended their legislation, while the European Commission continues its work on the cross-border recognition of legal parentage.
Legal risks for intended parents
Entering into a surrogacy arrangement involves several significant legal risks.
In Belgium, because a surrogacy agreement is not legally binding, the gestational surrogate retains the right to decide to keep the child after birth.
Proceedings to establish legal parentage, challenge paternity, and obtain adoption orders can be lengthy, complex, and costly.
Where the surrogacy arrangement takes place abroad, additional difficulties may arise concerning the recognition of foreign judgments, identity documents, and the child's return to Belgium.
Why consult a specialist lawyer?
Given the absence of a clear legal framework and the many legal issues that may arise, it is strongly recommended to seek advice from a lawyer specialising in family law.
Legal guidance helps, in particular, to anticipate potential risks, prepare the necessary parentage, adoption, or recognition proceedings for a foreign judgment, and provide the greatest possible legal security for the intended parental project.
Based on Avenue Louise in Brussels, I advise and assist clients in both French and English throughout every stage of their surrogacy journey, whether in Belgium or abroad.
This article is provided for informational purposes only and does not constitute legal advice. As every situation is unique, it is recommended to consult a lawyer specialising in family law. Article updated in March 2026.
