Before the House of Representatives takes a decision on a law, it can commission a so-called scientific review. A small group of researchers then considers: does this law fit with what we know from research? Is the law logical and feasible? The review is organised through Parlement & Wetenschap, an initiative that builds bridges between science and politics. For the Surrogacy Bill, a committee was formed with three experts: a legal scholar, an ethicist and Loes van Rijn-van Gelderen as an expert in child development.

Van Rijn-van Gelderen: ‘When they asked me, I thought: the coming period will be very busy, but this is an opportunity I don’t want to pass up. This is what I do my work for: to make real impact.’

Assessing the bill

The committee read the bill, the detailed explanatory memorandum and earlier reports. They then drafted their joint assessment and recommendations. The committee was generally positive, Van Rijn-van Gelderen says: ‘It was clear that a lot of work had gone into the bill and that careful thought had been given to how surrogacy can be better regulated.’ Even so, they formulated a number of points for attention:

1. Cross-border arrangements - The proposed recognition of foreign birth certificates would in practice make cross-border surrogacy arrangements easier than domestic ones, even though that was not the intention.
2. Origins/parentage information - An important point for the committee is that children should be able to find out their origins later in life. Donor-conceived children regularly experience difficulties if this is not clear. The committee therefore believes the law should more firmly establish that children have a right to this information, and that the information is stored securely and reliably.
3. Separate support and assessment - Under the bill, a counsellor would have a dual role: supporting parents and assessing whether there are serious concerns. In the latter case, the counsellor must apply to the court. The committee recommended separating these roles: the Child Care and Protection Board (Raad voor de Kinderbescherming) could take on more of the assessing role, while the counsellor is there to support parents through the process.

Curious about the scientific review? Read the full advisory report here (in Dutch)

What happens to the results of the scientific review?

Van Rijn-van Gelderen explains how the review is used: ‘In principle, politicians are not obliged to adopt our recommendations, but they do have a statutory duty to properly substantiate bills. In practice, this means that during the debate on this bill, MPs themselves can decide whether to give the review significant weight or to set it partly aside.’

Why staying engaged with the outside world matters

‘I find it very valuable that my expertise doesn’t only end up in academic articles, but also in national legislation,’ says Van Rijn-van Gelderen. It is not the first time she has stepped outside her academic bubble. For example, she has already given interviews to Quest Online, Het Parool and Ouders van Nu. ‘I really enjoy talking to people about the substance in a way that non-experts can also understand. I did find that a bit scary at first, but the feeling that your work is actually being used is just very rewarding. For me, the added value of sharing your knowledge outweighs that nervousness.’