Parentage establishes who are the legal parents of a child. This affects matters such as parental authority, maintenance obligations, inheritance law and nationality. The law provides various ways to establish parentage.
What does parentage mean?
Parentage is the legal relationship between a child and its parents. It determines who is recognised as parents under the law, regardless of the biological situation.
How does parentage arise?
| Form | Establishment |
|---|---|
| Birth | The woman who gives birth is the legal mother |
| Marriage or partnership | The spouse or registered partner of the mother |
| Recognition | Voluntary recognition by the father |
| Judicial decision | Judicial establishment of paternity |
| Adoption | Via a court ruling |
Rules on legal motherhood
The woman who gives birth to the child is the legal mother, also in cases such as:
- Egg donation: the carrying woman is the legal mother
- Surrogacy: adoption is required to transfer motherhood
Rules on legal paternity
A man becomes the legal father if he:
- Is married to the mother at the birth of the child
- Has a registered partnership with the mother
- Has officially recognised the child
- His paternity has been established by the court
Effects of parentage
- Surname: The child may bear the surname of one of the parents
- Nationality: May be acquired through a parent
- Parental authority: Parents may exercise parental authority over the child
- Maintenance obligation: Parents are obliged to provide for the child's maintenance
- Inheritance law: The child inherits from its legal parents
What if the biological father is not the legal father?
Legal parentage may differ from the biological reality. A biological father may apply for recognition or have paternity established via the court. A legal father has the option to deny paternity.Is it possible for a child to have more than two parents?
No, under Dutch law a child may have only two legal parents. This may be a combination of two mothers, two fathers, or a mother and father.Does parentage affect a child's surname?
Yes, at the birth registration parents choose the child's surname, which may be that of the father or mother. This choice also applies to future children of the same couple.Frequently asked questions about parentage in Westland
How do I recognise my child if I am not married to the mother?
If you are not married, you can recognise your child at the Westland municipality or via a notary. This can be done both during pregnancy and after birth. The mother's consent is required if the child is younger than 16. Through recognition, you become the legal father, with rights and obligations such as maintenance and inheritance law. Joint parental authority can then be applied for via the court.
What to do if the biological father refuses recognition?
If the father refuses to recognise, you can file a request with the District Court of The Hague for establishment of paternity. The court may order a DNA test. Upon establishment, the man becomes the legal father with all associated obligations.
Can my child bear my surname if we are not married?
Yes, at the birth registration in Westland you can choose the father's or mother's surname, provided the father has recognised the child. Without recognition, the child receives the mother's surname.
What does parentage mean for inheritance law?
Parentage determines the legal parents and thus the heirs. A child inherits from its legal parents, even without a will. Upon recognition or establishment of paternity, inheritance rights arise.
How does parentage work in surrogacy?
The surrogate mother is legally the mother, even if she is not biologically related. Intended parents must apply for adoption via the District Court of The Hague to obtain legal parenthood.
Need help in Westland?
For legal advice, you can contact the Juridisch Loket Westland. For procedures regarding parentage, you can go to the District Court of The Hague.