Acknowledging parenthood of your child in the Netherlands

Are you having a child, and you and the birth mother are not married or in a civil partnership? You, as a father or the female partner of a birth mother, can become a legal parent if you officially acknowledge parenthood of that child. This can be done free of charge through your municipality.

Acknowledging parenthood of a child as the father

Are you a man who is married or formed a civil partnership with the birth mother of your child? Then you do not need to formally acknowledge parenthood of the child, as you will automatically be recorded as the legal father. This applies even if you are not the biological father of the child.

Acknowledging parenthood of a child as the female partner of the birth mother

Are you a woman who is married to, or in a civil partnership with, the birth mother? If so, you do not need to acknowledge parenthood if you used an anonymous sperm donor for the pregnancy. As the female partner of the birth mother, you will automatically be considered the child’s mother. However, you do need to prove, when registering the birth, that the sperm donor is not known to you.

Did you use a sperm donor who is known to you? If so, the female partner of the birth mother will not automatically be considered the child’s mother. In this case, you will have to acknowledge parenthood of the child yourself. This is the case even if you are married to, or in a civil partnership with, the birth mother.

Acknowledging parenthood of a child is subject to the following conditions:

you are at least 16 years old;
the birth mother has given her consent if the child is under the age of 16;
you cannot acknowledge parenthood of a child if you are not permitted to marry the birth mother, for example because you are a close blood relative of hers;
there must not already be 2 parents. Has the child been adopted by the birth mother’s female partner, for example? If so, the biological father will no longer be able to acknowledge parenthood of that child.
Have you been placed under a conservatorship (in Dutch) on account of your physical or mental state? If so, you will first need to obtain authorisation from the regional court.

Acknowledging parenthood of a child during pregnancy

You can acknowledge parenthood of a child in any municipality in the Netherlands if they have not yet been born. This is referred to as acknowledging parenthood of an unborn child (erkenning van de ongeboren vrucht).

Will the expectant mother not be present when you acknowledge parenthood of your child? If so, she must give her written consent to the acknowledgement.

Is your partner expecting a multiple birth? If so, the acknowledgement applies to all the children with whom your partner is pregnant at that time.

Acknowledging parenthood of a child when registering the birth

You can acknowledge parenthood when you register the birth. You register the birth in the municipality where the child was born.

Will the expectant mother not be present when you acknowledge parenthood? If so, she must give her written consent to the official recognition.

Acknowledging parenthood of a child after registration of the birth

You can also acknowledge parenthood of a child if they are already older, or even an adult. You can do this in any municipality in the Netherlands.

Is your child over the age of 12? If so, you will need written consent from the child and their birth mother. If the child is over the age of 16, only the child’s consent is required.

You must acknowledge parenthood of each child separately. This includes a second or subsequent child from a relationship. This does not happen automatically, unless you were married or in a civil partnership prior to the birth.
When acknowledging parenthood of the first child officially, you choose whose surname the child will have: the birth mother’s or yours. All subsequent children from the same relationship are automatically given the same surname as the first child.

Was the child legally acknowledged before 1 January 2023? Then the parents do have to apply to the district court for joint custody.
When acknowledging a child if not married or in a civil partnership with the birth mother after 1 January 2023 then you will automatically be granted joint custody (in Dutch). There are exceptions (in Dutch) such as when acknowledging the child you both declare that the birth mother is granted sole custody.

This is how it works for you

Your (future) place of residence falls under:

Municipality of Houten

Here is some information from your municipality.

Acknowledge child before or after birth

Bent u niet getrouwd of heeft u geen geregistreerd partnerschap met de moeder van uw kind? Of bent u een duomoeder en heeft u geen verklaring van de Stichting Donorgegevens Kunstmatige Bevruchting? Dan kunt u uw kind erkennen aan de balie in het gemeentehuis. Dit kan alleen op afspraak.

Recognition before birth (recognition of unborn foetus):

This has the advantage that legal parenthood is established immediately.
Also, the child's last name can then already be chosen.

Acknowledgment at the birth declaration:

If the mother is present at the birth declaration, she can consent to recognition and possible choice of name.
If the mother is not present, she can give written consent for recognition, but not for the choice of name.
The child will then automatically receive the mother's last name.

Recognition after birth:

Recognition is possible only if the child's birth certificate does not list a father.
For children up to 16 years of age, the mother must give written consent.
From the age of 12, the child itself must also give written consent for recognition.

Choice of last name

In principle, the child receives the last name of the mother who gives birth to the child. If you choose the surname of the father or duo mother, both parents must be present at the recognition. The surname you choose for your first child also applies to all subsequent children of the same parents.

Denial of paternity

When a mother's husband dies less than 306 days before the child's birth declaration, the municipality considers this man to be the child's father. If the mother does not want this, she can deny paternity before the registrar.

Conditions

The mother denies paternity:
- Before the birth of the child
- At the time of the child's birth declaration
- Within 1 year of the child's birth
The denial works back to the birth of the child

In any case, please bring the following:

Valid proof of identity of the mother and yourself (the recognizer);
If the mother herself does not come with you: a signed written consent from the mother.

Note: with the first child, the mother must come with you. From the second child onward, this is not mandatory. This can be done via the acknowledgement consent form.

Making an appointment