Automatic Parental Authority upon Recognition in Rijswijk
In family law for residents of Rijswijk, automatic parental authority upon recognition ensures that a father gains parental authority immediately after recognising his child, without requiring an additional procedure at the District Court of Rijswijk. This applies, for example, in cases of marriage or registered partnership with the mother. Otherwise, joint parental authority must be requested. This article informs Rijswijk parents about the rules, with tips for local support via Het Juridisch Loket Rijswijk.
What does parental authority and recognition mean for families in Rijswijk?
Parental authority governs the care, upbringing and major decisions for minors, such as school in Rijswijk, healthcare or residence, as set out in Book 1 of the Dutch Civil Code (DCC). Recognition officially establishes paternity, granting rights to the surname and inheritance. In Rijswijk, this is declared at the civil registry of the Municipality of Rijswijk, often immediately after birth.
Without marriage or partnership, the mother retains sole parental authority after recognition. For advice, contact Het Juridisch Loket Rijswijk for free guidance.
When do you automatically gain parental authority after recognition in Rijswijk?
Automatic parental authority applies in these cases for parents in Rijswijk:
- Marriage or partnership: Upon marriage during or after recognition, both parents receive joint parental authority (DCC 1:251), including in registered partnerships.
- Recognised before birth: Notarial recognition before birth, followed by marriage, triggers immediate parental authority.
- Mother deceased or unfit: If the mother dies after birth and the father is the caregiver, parental authority follows automatically.
Outside these options: apply for joint parental authority at the District Court of Rijswijk. See also our article on parental authority applications for fathers in Rijswijk.
Legal basis for Rijswijk
The rules are laid down in Book 1 DCC:
- Art. 1:251 DCC: Automatic joint parental authority upon marriage/partnership.
- Art. 1:199 DCC: Recognition establishes paternity, but no immediate parental authority without marriage.
- Art. 1:253 DCC: Mother has sole parental authority for unmarried parents, unless applied for.
- Act of 20 December 2013: Facilitates joint parental authority, but requires an application outside marriage.
This protects children in Rijswijk by promoting stable upbringing, with a preference for both parents.
Examples from Rijswijk practice
Take Anna and Bob from Rijswijk-Zuid: married, Bob recognises the child at the Municipality of Rijswijk. Immediate joint parental authority for school choices at Het Rijswijkse Lyceum.
Lisa and Tom from Rijswijk-West, unmarried: Tom recognises, but Lisa retains parental authority. Tom applies for joint parental authority at the District Court of Rijswijk (3-6 months, €80 court fee).
In partnerships: immediate parental authority after registration, ideal for couples in Rijswijk.
Comparison: automatic vs. applied-for parental authority in Rijswijk
| Situation | Automatic parental authority | Applied-for parental authority |
|---|---|---|
| Marriage/partnership | Yes, immediate | Not required |
| Unmarried after recognition | No, mother only | Application to District Court Rijswijk |
| Mother deceased | Yes for father | Expedited possible |
| Costs | No extra costs | €80 + lawyer if needed |
| Time | Immediate | 3-6 months |
Rights and obligations under parental authority in Rijswijk
Both parents share:
- Care and upbringing: Daily decisions in the child's best interests.
- Costs: Proportional to income.
- Representation: Acting on behalf of the child for registration at the Municipality of Rijswijk or court.
- Termination: At age 18 or divorce, but often retained.
After divorce, parental authority continues unless the District Court of Rijswijk rules otherwise.
Frequently asked questions for Rijswijk
Can I get automatic parental authority in Rijswijk without marriage?
No, in unmarried parenthood the mother retains parental authority. Apply at the District Court of Rijswijk or consult Het Juridisch Loket Rijswijk.
Where do I recognise in Rijswijk?
At the civil registry of the Municipality of Rijswijk. Book an appointment via the website.
Does applying for parental authority cost much in Rijswijk?
€80 court fee; free advice at Het Juridisch Loket Rijswijk.