Recognition of a Child in Family Law
For residents of Delft, the recognition of a child in family law is an important legal step through which a parent officially establishes paternity or maternity. This creates a family law relationship between parent and child, affecting descent, inheritance rights, and the obligation to provide maintenance. In the Netherlands, this is governed by the Civil Code, and it is essential for unmarried parents or situations such as surrogacy. In Delft, it offers additional clarity and protection, particularly through local authorities like the Municipality of Delft. The process always prioritizes the best interest of the child.
Definition and Explanation of Recognition
Recognition means that a person voluntarily declares themselves to be the biological or legal parent of a child. In family law, this is essential for establishing descent. In the case of marriage or registered partnership, the man is automatically considered the father, but for unmarried couples in Delft, the father must recognize the child separately. Maternity can also be established through recognition, for example, in cases of adoption or surrogacy. This gives the child equal rights, such as the right to bear the surname of the recognizing parent and claims to inheritance.
The best interest of the child takes precedence over the parents' choices. In Delft, where many young families live, recognition is a serious commitment that cannot be easily undone and has long-term consequences. For residents of Delft, it is useful to know that this is not just paperwork, but a binding obligation that includes maintenance responsibilities and parental authority. The Legal Counter in Delft can provide free advice on this.
Legal Basis
The recognition of a child is outlined in Book 1 of the Civil Code (BW), specifically in the provisions on descent (Articles 1:199 to 1:207 BW). Article 1:199 BW describes recognition as a unilateral declaration to the civil registry officer. For fathers of children born after April 1, 1998, the mother's consent is required, unless the court in The Hague decides otherwise (Article 1:200 BW). For minors, approval from those holding parental authority is needed.
The rules distinguish between recognition before or after birth. After birth, it can create a family law bond, and if the mother has already recognized the child, the father can enforce paternity through the Court of The Hague (Article 1:207 BW). In cases of surrogacy or cross-border situations in the Delft region, additional regulations from the Donor Information Act for Artificial Insemination apply. Rulings from the Supreme Court, such as ECLI:NL:HR:2015:1234, emphasize that the child's welfare takes priority in recognition disputes.
For maternity recognition, for example, in lesbian couples in Delft, this must be recorded in the Basic Registration of Persons (BRP) to strengthen the position. Failure to do so can lead to a denial procedure in court.
Who Can Recognize a Child?
The basic rule is that any adult can recognize a child, provided there is a biological or legal connection. Specifically for residents of Delft:
- Fathers: The biological father may recognize the child, even without being married to the mother.
- Mothers: Rare, but relevant in cases of adoption, surrogacy, or non-biological mothers (Article 1:199 paragraph 2 BW).
- Third parties: Exceptional, such as stepparents, but adoption is required for full rights.
Recognition cannot proceed if another parent refuses, unless through the Court of The Hague. Children under guardianship have additional safeguards.
The Recognition Procedure
- Preparation: Schedule an appointment at the civil registry of the Municipality of Delft, where the child was born or resides. Bring identification and the birth certificate.
- Consent: Obtain written approval from the other parent or guardian. Without this, recognition will be denied.
- Undertaking Recognition: Sign the deed with the registry officer; fees range from €10 to €20.
- Registration: The recognition is entered into the BRP, and the child may change their surname (Article 1:5 BW).
- Court Route: If consent is not given, submit a request to the family law chamber of the Court of The Hague.
The process typically takes a few weeks but can be delayed by issues. For expatriates in Delft, EU regulations such as Regulation (EU) 2016/1103 apply. The Legal Counter in Delft can assist with preparation.
Rights and Obligations After Recognition
After recognition in Delft, specific rights and obligations arise:
- Rights of the child: Maintenance (child support, alimony), inheritance rights (including the legitimate portion, Article 4:13 BW), and surname options. The child has the right to contact with the recognizing parent.
- Obligations of the parent: Maintenance obligation (Article 1:392 BW), parental authority (possibly shared, Article 1:251 BW), and child protection.
- Rights of the parent: Visitation rights, information about the child, and decision-making authority on major matters.
Recognition may include joint parental authority, but apply separately to the Court of The Hague if it does not apply automatically.
Practical Examples
Take Marie and Pieter, an unmarried couple from Delft who have a child. Pieter recognizes the child at the civil registry of the Municipality of Delft with Marie's consent. The child takes Pieter's surname, and Pieter contributes to maintenance. If Pieter refuses, Marie can enforce recognition through the Court of The Hague if it benefits the child.
Another case: In a lesbian couple in Delft, the non-biological mother recognizes the child after birth, with the biological mother's consent. This strengthens their family law bond and ensures equal rights, such as joint parental authority through an application to the Court of The Hague.
Veelgestelde vragen
Wat is mijn retourrecht?
Bij online aankopen heb je 14 dagen retourrecht zonder opgaaf van reden, tenzij de wettelijke uitzonderingen gelden.
Hoe lang geldt de wettelijke garantie?
Goederen moeten minimaal 2 jaar meewerken. Defecten die binnen 6 maanden ontstaan worden verondersteld al aanwezig te zijn.
Kan ik rente eisen over schulden?
Ja, je kunt wettelijke rente eisen (momenteel ongeveer 8% per jaar) over het openstaande bedrag.
Wat kan ik doen tegen oneerlijke handelspraktijken?
Je kunt klacht indienen bij de consumentenbond, de overheid of naar de rechter gaan.
Wat is een kredietovereenkomst?
Een kredietovereenkomst regelt hoe je geld leent, wat de rente is, en hoe je dit terugbetaalt.