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 Montferland

Here is some information from your municipality.

'Acknowledging a Child Before Birth' and 'Acknowledging a Child after Birth'

When you acknowledge your child, you become their parent in the eyes of the law. This means that you become your child's legal parent. You do not always have to be their biological parent. You have rights and obligations as a legal parent. For example, you have a right to see your child and you are obliged to provide for your child.

Acknowledging a child before birth

If you are a man of 16 years or older, you can acknowledge your child. You can also acknowledge your child if you are the female partner of the biological mother (duomoeder). The following also applies:

Your child does not yet have a legal father;
If your child already has 2 parents, they can never be acknowledged by a further person;
If you are under guardianship, the authorisation of the judge is required;
If you are not allowed to marry the mother because you are a blood relation, you may not acknowledge the child;
You cannot acknowledge a deceased child;
If you are the biological father, you cannot undo the acknowledgement at a later stage.

When acknowledging your first child, you can choose the last name that he or she will have: the mother's surname or your own. If you want the child to have your name, the mother must accompany you to the municipality. The mother's authorisation in writing is not sufficient.

If you do not make a choice, then the child is automatically given their mother's last name. All subsequent children in the family are given the same last name as the first child.

Acknowledging a child after birth

Your child does not yet have a legal father;
If your child already has 2 parents, they can never be acknowledged by a further person;
If you are under guardianship, the authorisation of the judge is required;
If you are not allowed to marry the mother because you are a blood relation, you may not acknowledge the child;
You cannot acknowledge a deceased child;
If you are the biological father, you cannot undo the acknowledgement at a later stage.

If you do not make a choice, then the child is automatically given their mother's last name. All subsequent children in the family are given the same last name as the first child.

If the child was not born in the municipality in which you want to acknowledge them, bring a copy of their birth certificate with you.

If the mother accompanies you to the municipality:

Your proof of identity;
The mother's proof of identity.

If the mother does not accompany you to the municipality:

Your proof of identity;
Written permission from the mother;
The mother's signature on the written authorisation;
The mother's proof of identity.

Annex

Consent form acknowledgement.pdf

PDF,

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Additional pieces required for the acknowledgement of a child between 12 and 16 years of age

The child's written consent
Copy of the child's proof of identity

Extra pieces required for the acknowledgement of a child by the female partner of the biological mother (duomoeder)

Declaration from the Artificial Fertilisation Donor Information Office (only required if the donor is anonymous)

Do you or the mother live abroad? Then also bring foreign proof with you that you are not married.

To acknowledge your child, you need to make an appointment with our municipality.

You do not need to acknowledge your child if you are automatically their legal parent. This is the case if:

You are the biological mother;
You are married to the mother;
You have a registered partnership with the mother.

As the female partner of the biological mother (duomoeder), you must bring the 'donor unknown' declaration with you when registering the birth. If you do not do this, you can still acknowledge your child and become their legal parent at a later date.

It is only possible to acknowledge your child at the Didam town hall.

Your child does not yet have a legal father;
If your child already has 2 parents, they can never be acknowledged by a further person;
If you are under guardianship, the authorisation of the judge is required;
If you are not allowed to marry the mother because you are a blood relation, you may not acknowledge the child;
You cannot acknowledge a deceased child;
If you are the biological father, you cannot undo the acknowledgement at a later stage.

If you do not make a choice, then the child is automatically given their mother's last name. All subsequent children in the family are given the same last name as the first child.

Acknowledgement and choice of name is free of charge.

The municipality is not always able to process the acknowledgement immediately. This depends on the child's personal circumstances and those of the person acknowledging them. The acknowledgement takes longer if the child was born before 1985 or if the person acknowledging them is not of Dutch nationality.

More information