Parentage establishes who the legal parents of a child are. This affects matters such as custody, maintenance obligations, inheritance law, and nationality. The law provides various ways to establish parentage.
Definition of Parentage
Parentage refers to the legal bond between a child and its parents. It determines who is recognised as parents under the law, regardless of biological factors.
Ways to Establish Parentage
| Category | How it arises |
|---|---|
| Via birth | The mother is the woman who gives birth to the child |
| Via marriage or RP | The spouse or registered partner of the mother |
| By acknowledgement | Voluntary acknowledgement by the father |
| By court decision | The court determines paternity |
| By adoption | Via a judicial procedure |
Legal Motherhood
The legal mother is always the woman who gives birth to the child, including in situations such as:
- Egg donation: the woman who carries the child is legally the mother
- Surrogacy: adoption is required to transfer motherhood
Legal Fatherhood
A man becomes the legal father if:
- He is married to the mother at the birth of the child
- He has a registered partnership with the mother
- He has officially acknowledged the child
- His paternity has been established by the court
Consequences of Parentage
- Surname: The child may bear the surname of one of the parents
- Nationality: May be transmitted via a parent
- Custody: A parent may obtain custody over the child
- Maintenance obligation: Parents must contribute financially
- Inheritance law: The child inherits from the legal parents
What if the biological father is not the legal father?
Legal parentage may differ from biological reality. A biological father may acknowledge the child or have paternity established via the court. A legal father may contest his paternity.Can a child have more than two legal parents?
No, under Dutch law a child may have only two legal parents. These may be two mothers, two fathers, or a mother and father.Does parentage affect a child's surname?
Yes, at birth registration parents decide which surname the child receives, that of the father or mother. This choice also applies to future children of the same parental couple.Questions about Parentage in Rijswijk
For advice on parentage and legal issues, you can contact the Juridisch Loket Rijswijk. For judicial procedures regarding paternity or adoption, you can contact the District Court of The Hague, which serves the Rijswijk district.
Frequently Asked Questions
How do I acknowledge my child if I am not married to the mother?
If you are not married, you can acknowledge your child at the municipality of Rijswijk or via a notary. This can be done during pregnancy or after birth. The mother's consent is required if the child is younger than 16 years. Acknowledgement gives you legal rights and obligations, such as custody and maintenance obligation.
What to do if the biological father refuses acknowledgement?
If the father refuses, you can have paternity established via the District Court of The Hague. The court may order a DNA test. Upon establishment, the father acquires legal obligations such as maintenance and inheritance rights.
Can a child receive the father's surname without marriage?
Yes, at birth registration in Rijswijk, parents may choose the father's or mother's surname, provided the father has acknowledged the child. Without acknowledgement, the child receives the mother's surname.
What does parentage mean for inheritance law?
Parentage determines the legal heirs. A child inherits from its legal parents, even without a will. Upon acknowledgement or judicial establishment, inheritance rights arise between child and father.
How does parentage work in surrogacy?
In surrogacy, the surrogate is legally the mother. Intended parents must apply for adoption via the District Court of The Hague to obtain legal parenthood. Until then, the surrogate retains legal status.