Dual motherhood means that a child has two legal mothers. This can occur when two women in a relationship have a child together via donor insemination, often with the help of a clinic.
Conditions for Dual Motherhood
Dual motherhood is automatically recognised under the following circumstances:
- The women are married or have a registered partnership
- The child is 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 Process for Dual Mothers
If the women are not married or do not have a partnership, the non-biological mother can recognise the child. The procedure is similar to that for men:
- Consent of the biological mother is required
- Recognition takes place at the municipality or via a notary
- This can also be done before the birth of the child
Situation with a Known Donor
If a known donor is involved, it becomes legally more complicated:
- The donor has the option to recognise the child
- In that case, the dual mother must initiate an adoption procedure
- It is advisable to make clear arrangements with the donor
Custody Arrangements for Dual Mothers
In many situations, the dual mother automatically obtains custody over the child:
- In case of marriage or partnership: automatic joint custody
- In case of recognition after 2023: also automatic joint custody
- In case of adoption: custody is automatically granted
What distinguishes dual motherhood from adoption?
In dual motherhood, via automatic recognition or a procedure, the partner is directly a legal parent. Adoption, on the other hand, requires a longer legal procedure before parenthood is granted.Can the child 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 rules remain the same as for other parents: joint custody continues, a parenting plan is mandatory, and child support may apply.Frequently Asked Questions about Dual Motherhood in Westland
How do I become the legal parent automatically as a partner?
If you are married or have a registered partnership and an anonymous donor via a recognised clinic was used, you are automatically the legal parent. Written consent to the conception is necessary. In case of a known donor or without marriage, recognition or adoption is required.
What to do with a known donor and no marriage?
With a known donor, this donor can recognise the child, meaning you as dual mother are not automatically the legal parent. An adoption procedure is then needed. Make clear arrangements with the donor, preferably legally recorded, to prevent future problems.
Do I get custody automatically as a dual mother?
Yes, in most cases. In case of marriage or partnership, custody is automatically joint. Since 2023, this also applies to recognition. In case of adoption, custody is also automatically granted. Otherwise, custody must be requested 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. This is arranged via Stichting Donorgegevens. With a known donor or foreign clinic, arrangements about this are crucial.
What if the relationship with the mother ends?
In case of divorce, both mothers remain legal parents with joint custody. A parenting plan with arrangements on care and costs is mandatory. Child support may be owed, depending on incomes and care division. Legal assistance can be useful.
Do I have the right to parental leave as a dual mother?
Yes, as a legal parent, you have the same leave rights as other parents, provided you meet the conditions. Inquire with your employer or the Juridisch Loket Westland for specific rules.