Current parentage law has two basic principles: the child is born of a mother (and who is therefore known) and a child has a maximum of two parents. From these two principles, legislation on parentage was developed.
When a child is born from the marriage of its parents (husband and wife), the husband is automatically the (legal) father of the child. Thus, the child then has two parents: his father and his mother, and they also automatically have joint custody of the child. This is not the case with cohabitants. The mother is then the only parent and only she has custody. This means that the father will have to acknowledge the child in order to become a legal parent. This is not the end of it, because the father still does not have custody of the child. To achieve this, father and mother will have to apply to the court for joint custody. By the way, this can be done relatively easily and digitally. There is a bill in the making that regulates that when the father automatically recognizes the child, he will also get custody (together with the mother). This is an enormous improvement, because often enough I meet fathers who tell me that they have joint custody with the mother. But when I ask around, it turns out that they have only acknowledged the child, which means that the father does not yet have parental authority.
Fortunately, this will change with effect from 1 January 2023. All acknowledgements made from 1 January 2023 will automatically lead to joint authority of father and mother. The time of recognition is decisive for the answer as to which law applies: the old or the new. So: child born in December 2022, recognised by father on 16 January 2023: joint authority. Other example: father acknowledges unborn child in September 2022. baby is born on 5 January 2023. No joint authority; so this must still be applied for separately by the parents at the court.
It becomes more difficult when the mother does not agree with the recognition. This happens much more often than you might think. For example, she had a brief relationship with father, became pregnant and the relationship subsequently broke up. Father wants to acknowledge the child, but mother wants to avoid this. By law, father cannot acknowledge without mother's consent. If father then wants to acknowledge anyway, he will have to start a procedure with the court to get substitute permission from the court to acknowledge the child. He can then also ask the court to determine that he has joint custody of the child with mother from now on and also request the establishment of a care arrangement.
It can get even more complicated: mother does not want father to acknowledge, has a new relationship in the meantime and wants that man to acknowledge the child, thus blocking father from acknowledging the child (with court intervention). The key then is for father to act quickly to avoid forfeiting his rights. Once recognition has been made by the other person, it becomes a lot harder to reverse the case (but it can be done). Quick action by father is imperative in any case.
And what to do when two people are involved in a divorce and mother is now in a relationship with a new partner and becomes pregnant by her new partner during the divorce proceedings? If the baby is born before the divorce is finalized, it is true that it was born of the marriage and the (then) spouses are legally the parents of the baby and have custody. The spouse will then have to initiate proceedings to "deny" paternity. Only then is the way open for the new partner to acknowledge the child.
Lesbian parenthood is regulated by law. When two women are married or in a registered partnership with each other, they can choose to have one of them fertilized with sperm from a donor in order to have a child together. If the child is then born, it is considered to be born from the marriage of the two women and they are the parents of the child and also have joint custody. The condition is then that this is done through a professional clinic, with the sperm donor remaining anonymous. This is more difficult for two men who are married to each other; they will still have to resort to adoption.
The Reassessment of Parenthood Committee has for some time been developing proposals to adapt existing legislation to the social standards of our time. The general view is that the current legislation is outdated and no longer fits in these times when relationships are interpreted in many more different ways. On December 7, 2016, this committee published its report. Since then, there has been much discussion within the coalition parties about this report. In particular, the denominational government parties have difficulty with too many changes. They still see marriage and the traditional family as a cornerstone of society. Meanwhile, various interest groups are calling for "rainbow parenthood" to be properly regulated. The bill, as it is now before us, has been met with disappointment by many interest groups because the proposed new regulations do not go far enough for them. The government has also not given its response until 2019, and the bill is currently being debated in the permanent chamber committee (Security and Justice) of the House of Representatives.
In short, an important topic with complicated regulations that are subject to change. As a lawyer specializing in family law, I am completely at home with these regulations and would be happy to help you further as a lawyer or mediator.
When a child is born from the marriage of its parents (husband and wife), the husband is automatically the (legal) father of the child. Thus, the child then has two parents: his father and his mother, and they also automatically have joint custody of the child. This is not the case with cohabitants. The mother is then the only parent and only she has custody. This means that the father will have to acknowledge the child in order to become a legal parent. This is not the end of it, because the father still does not have custody of the child. To achieve this, father and mother will have to apply to the court for joint custody. By the way, this can be done relatively easily and digitally. There is a bill in the making that regulates that when the father automatically recognizes the child, he will also get custody (together with the mother). This is an enormous improvement, because often enough I meet fathers who tell me that they have joint custody with the mother. But when I ask around, it turns out that they have only acknowledged the child, which means that the father does not yet have parental authority.
Fortunately, this will change with effect from 1 January 2023. All acknowledgements made from 1 January 2023 will automatically lead to joint authority of father and mother. The time of recognition is decisive for the answer as to which law applies: the old or the new. So: child born in December 2022, recognised by father on 16 January 2023: joint authority. Other example: father acknowledges unborn child in September 2022. baby is born on 5 January 2023. No joint authority; so this must still be applied for separately by the parents at the court.
It becomes more difficult when the mother does not agree with the recognition. This happens much more often than you might think. For example, she had a brief relationship with father, became pregnant and the relationship subsequently broke up. Father wants to acknowledge the child, but mother wants to avoid this. By law, father cannot acknowledge without mother's consent. If father then wants to acknowledge anyway, he will have to start a procedure with the court to get substitute permission from the court to acknowledge the child. He can then also ask the court to determine that he has joint custody of the child with mother from now on and also request the establishment of a care arrangement.
It can get even more complicated: mother does not want father to acknowledge, has a new relationship in the meantime and wants that man to acknowledge the child, thus blocking father from acknowledging the child (with court intervention). The key then is for father to act quickly to avoid forfeiting his rights. Once recognition has been made by the other person, it becomes a lot harder to reverse the case (but it can be done). Quick action by father is imperative in any case.
And what to do when two people are involved in a divorce and mother is now in a relationship with a new partner and becomes pregnant by her new partner during the divorce proceedings? If the baby is born before the divorce is finalized, it is true that it was born of the marriage and the (then) spouses are legally the parents of the baby and have custody. The spouse will then have to initiate proceedings to "deny" paternity. Only then is the way open for the new partner to acknowledge the child.
Lesbian parenthood is regulated by law. When two women are married or in a registered partnership with each other, they can choose to have one of them fertilized with sperm from a donor in order to have a child together. If the child is then born, it is considered to be born from the marriage of the two women and they are the parents of the child and also have joint custody. The condition is then that this is done through a professional clinic, with the sperm donor remaining anonymous. This is more difficult for two men who are married to each other; they will still have to resort to adoption.
The Reassessment of Parenthood Committee has for some time been developing proposals to adapt existing legislation to the social standards of our time. The general view is that the current legislation is outdated and no longer fits in these times when relationships are interpreted in many more different ways. On December 7, 2016, this committee published its report. Since then, there has been much discussion within the coalition parties about this report. In particular, the denominational government parties have difficulty with too many changes. They still see marriage and the traditional family as a cornerstone of society. Meanwhile, various interest groups are calling for "rainbow parenthood" to be properly regulated. The bill, as it is now before us, has been met with disappointment by many interest groups because the proposed new regulations do not go far enough for them. The government has also not given its response until 2019, and the bill is currently being debated in the permanent chamber committee (Security and Justice) of the House of Representatives.
In short, an important topic with complicated regulations that are subject to change. As a lawyer specializing in family law, I am completely at home with these regulations and would be happy to help you further as a lawyer or mediator.