Sara’s Christmas story: surrogacy, travel documents & the right to family life

_{By Nikki Vreede en Vera Kidjan}

Job and Melchior are happily married and share one heartfelt wish: they long to become parents. Both Dutch by nationality, they explored every path available to them. When Melchior’s sister generously offered to donate her eggs, hope began to take shape. With Job’s semen, an embryo was created. Next, the two men set out to find a surrogate who would not only be willing to carry their future child, but also be well protected and supported throughout the process.

Wanting everything to be done ethically and carefully, they sought legal advice from family‑law specialists both within and beyond the Netherlands. Through official channels, they eventually met Maria. Maria lived in Mexico and was willing to carry their child. From the very beginning, all three shared the same intention: Job and Melchior would raise their daughter in the Netherlands, surrounded by their family, and community.

The pregnancy went smoothly. In July, before the Dutch registrar, Job formally acknowledged the unborn child. In August, the couple flew to Mexico so they could be present for the birth. And then, in early September, Sara entered the world. With the arrival of this baby girl, Job and Melchior’s dream came true. Overjoyed, they took parental leave and imagined bringing their daughter home before Christmas.

But just when life should have been settling into a peaceful new rhythm, problems began to unfold.

International surrogacy not regulated under Dutch law

Beyond the sleepless nights familiar to all new parents, they found themselves entangled in bureaucratic complications. The Mexican authorities announced that the documents they had submitted would undergo an arbitrary review. A review with no clear timeline and no guarantee of progress. Their Mexican lawyer hit a wall. Meanwhile, with the Dutch authorities, things didn’t go any better. Two months after submitting their request for a Dutch travel document for Sara, they received shocking news: the application had been denied.

The Dutch Minister of Foreign Affairs refused to process the request, stating that Sara’s identity and Dutch nationality could not be established. The underlying issue being that the legal status of children born to foreign surrogates is not yet regulated under Dutch law.
As the holidays drew near, the situation became emotionally and financially unsustainable. Friends and family urged them to find a way home. Unable to wait any longer, Job and Melchior decided to fight the decision. They lodged a formal objection. At the same time, turned to the Dutch preliminary relief judge, hoping their case would be handled urgently.

Urgency and a judge’s delicate balancing act

The judge first had to determine whether the situation was urgent enough to warrant immediate action. On the one hand, the court acknowledged the importance of maintaining the integrity of Dutch travel documents. These documents should only be issued to those who can prove Dutch nationality or a right to reside in the country.

On the other hand, there’s a family stranded abroad with a newborn child. By then, Job and Melchior had been in Mexico for over three months. Melchior had run out of leave days and needed to return to work. The judge saw no reason to doubt Job’s biological connection to Sara, nor the clear intention shared by all involved to have Job and Melchior raise their daughter in the Netherlands. It also appeared likely that Sara either possessed or would acquire Dutch nationality.

And perhaps most importantly, the judge recognized Sara’s right to family life. A right that can only be fully exercised in the country where her parents live, work, and have their social network. Given all of this, the balance tipped. The judge found that Sara’s right to family life outweighed the minister’s reasons for withholding a travel document.

The decision that changed everything

The ruling left no room for uncertainty: within one week, the minister had to issue a laissez-passer or another emergency travel document so that Sara could travel home with her parents.

The response was swift. The very next day, the laissez‑passer was issued. Job, Melchior, and little Sara boarded a flight to the Netherlands. Just in time to celebrate Christmas surrounded by loved ones. A Christmas miracle of sorts, and the start of a hopeful new year.

If you have questions about surrogacy, travel documents, or family reunification, our team is here to help.

Wishing everyone warm holidays and a just and joyful new year!