Recognition of parenthood for children in rainbow families

Recognition of parenthood for children in rainbow families

More and more people choose the option of surrogacy when enlarging their family. Typical destinations for surrogacy are the USA and Canada, countries in which the whole process is well regulated and under strict scrutiny from the relevant authorities.

Depending on the specific circumstances, normally a birth certificate mentioning the name of the parent(s) is issued as well as a (pre)Court order giving full parental rights to the future parent(s) immediately (before)after the birth of the child.

Male couples tend to face a number of issues when trying to register their children with the Belgian authorities. Despite the protocol on Privileges and Immunities of EU Civil Servants, Belgian Communes may refuse the registration of birth certificates in which 2 males are identified as parents. Belgian administration tends to register these children as “non-apparente” or in some cases recognise as parent only one of the two fathers. In such cases, they suggest to go through an adoption procedure, provided that the nationality of the parents allows to do so.

Egalite is in contact with the respective HR DGs to try to find a solution on this long-standing problem. In case you face difficulties in registering your children in the relevant communes, please contact us for further details on info@egalite-online.eu .