Co-Mother Recognition in Delft

Co-Mother Recognition in Delft

Co-mother recognition is the legal step by which the non-biological mother in a lesbian couple in Delft officially recognizes the child as her own. This immediately grants her parental authority, maintenance obligations, and inheritance rights, on par with the biological mother. Since 2019, this process has been streamlined through the co-mother provision, subject to strict conditions.

What Does Co-Mother Recognition Mean for Parents in Delft?

Under Dutch family law, recognition is essential for establishing legal parentage. Heterosexual couples benefit from automatic paternity, but for lesbian couples in Delft, the co-mother must recognize the child to become a legal parent. This is simpler and faster than adoption.

Recognition grants the co-mother full parental rights, including access to information, decision-making authority, and inheritance rights. Without it, she remains a legal outsider, with only indirect contact through the biological mother.

Legal Basis for Co-Mother Recognition

The rules are set out in Civil Code Book 1 (BW Book 1). Key provisions:

• Article 1:199 BW: Basic recognition rules.
• Article 1:207(2) BW: Exception for co-mothers.
• Article 1:253a BW: Joint parental authority post-recognition.

The Act of 6 December 2018 (Bulletin of Acts and Decrees 2018, 461), known as the 'co-mother provision', has applied since 1 April 2019. The co-mother can recognize the child jointly with the biological mother, even during pregnancy. Requirements for couples in Delft:

• Joint household in Delft (marriage or partnership not required, but helpful).
• Both mothers confirm their intention for joint upbringing.
• No other father or recognizer.

Previously, adoption was required, which was time-consuming and expensive.

Procedure for Co-Mother Recognition at the Municipality of Delft

Recognition is handled by the civil registry officer at the Municipality of Delft, where the child is born or resides. Steps:

1. Preparation: Both mothers report to the Municipality of Delft from week 13 of pregnancy.
2. Declaration: Biological mother declares the birth; co-mother recognizes immediately after.
3. Verification: Officer checks household and intent.
4. Registration: Entry in the Personal Records Database (BRP).

Costs: approximately €10-€20. Joint parental authority follows automatically, unless intervened by the District Court of The Hague.

Comparison: Co-Mother Recognition vs. Traditional Recognition

Rights and Obligations After Recognition in Delft

After recognition, the co-mother has:

• Rights: Joint authority (art. 1:251 BW), contact rights, information access, and inheritance rights.
• Obligations: Maintenance (art. 1:392 BW), care, and upbringing.

Mothers are equal. In case of separation, primary residence applies, with options via the District Court of The Hague.

Practical Examples for Delft

Example 1: Lisa (biological mother) and Marie (co-mother) live together in Delft. They recognize during pregnancy at the Municipality of Delft. Marie is listed as co-parent on the birth certificate; in case of breakup, they share authority.

Example 2: Sanne and Kim in Delft without a joint household. Kim cannot recognize; adoption via District Court of The Hague takes 6-12 months, €1,500+.

Example 3: After recognition, biological mother passes away. Co-mother retains authority in Delft, no adoption needed.

Frequently Asked Questions

Tips for Co-Mothers in Delft

• Recognize early at the Municipality of Delft, preferably during pregnancy, for certainty.
• Consult Juridisch Loket Delft for free advice.
• Document household with proof of address.
• In case of issues: District Court of The Hague or local desk.