Dual motherhood means that a child has two legal mothers. This can occur when two women in a relationship have a child together through donor insemination.
Conditions for Dual Motherhood
Dual motherhood is automatically recognised under the following circumstances:
- The women are married or have a registered partnership
- The child was conceived with sperm from an anonymous donor via a recognised fertility clinic
- The partner of the biological mother has consented to the conception
Legal Status of the Dual Mother
| Circumstances | Legal Parenthood |
|---|---|
| Married + anonymous donor (clinic) | Both mothers automatically legal parents |
| Married + known donor | Adoption by the partner is required |
| Not married + anonymous donor | Recognition by the partner is possible |
| Not married + known donor | Adoption by the partner is necessary |
Recognition by the Dual Mother in Rijswijk
If the women are not married, the partner can recognise the child. This process follows the same rules as recognition by a father:
- Consent of the biological mother is required
- Recognition can take place at the municipality of Rijswijk or via a notary
- This can also be arranged before birth
Situation with a Known Donor
The use of a known donor brings additional legal challenges:
- The donor has the option to recognise the child
- In that case, the dual mother must initiate an adoption procedure
- Making clear agreements with the donor is essential
Authority of the Dual Mother
In many cases, the dual mother automatically obtains parental authority over the child:
- In case of marriage or partnership: automatic joint parental authority
- Upon recognition after 2023: automatic joint parental authority
- Upon adoption: parental authority is automatically granted
What distinguishes dual motherhood from adoption?
In dual motherhood (automatic or via recognition), the partner is directly a legal parent. In adoption, this is only established after a formal procedure, which is a more intensive process.Can the child later find out the identity of the donor?
If the donation took place via a Dutch clinic after 2004, the child from age 16 has the right to donor information. Stichting Donorgegevens can inform the donor about this.What happens in case of a relationship breakdown?
In case of divorce, the same rules apply as for other parents: joint parental authority remains in place, a parenting plan is mandatory, and child support can be determined.Contact and Support in Rijswijk
For legal questions about dual motherhood, you can go to the Juridisch Loket Rijswijk. In addition, the District Court of The Hague (district) handles cases relating to parenthood and parental authority in this region.
Frequently Asked Questions about Dual Motherhood
How do I become the legal parent as a partner automatically?
If you are married or have a partnership and an anonymous donor via a recognised clinic was used, you become automatically the legal parent. Written consent to the conception is necessary. With a known donor or without marriage, recognition or adoption is required.
What if we are not married and have a known donor?
With a known donor, this donor can recognise the child, meaning you as dual mother are not directly the legal parent. An adoption procedure is then needed. Make written agreements with the donor to prevent future conflicts.
Do I get parental authority automatically as dual mother?
Yes, usually. In case of marriage or partnership, and since 2023 also upon recognition, you get parental authority automatically. This also applies to adoption. Otherwise, you must apply for parental authority via the court.
Can my child track down the donor later?
For a donation via a Dutch clinic after 2004, the child from age 16 has the right to donor information via Stichting Donorgegevens. With a known donor or foreign clinic, the options depend on the agreements made.
What if the relationship with the mother ends?
In case of divorce, you both remain legal parents and joint parental authority remains in effect. A parenting plan is mandatory, and child support can be determined based on income and care division.