Recognition of Co-Mother in Westland
Co-mother recognition enables the non-biological mother in a lesbian couple in Westland to officially recognize the child as her own. This immediately grants parental authority, maintenance obligations, and inheritance rights, just like those of the biological mother. Since 2019, the co-mother provision has simplified this process under strict conditions, specifically for residents of municipalities such as Westland.
What does co-mother recognition entail in Westland?
Within Dutch family law, recognition is essential for establishing legal parentage. Heterosexual couples benefit from automatic paternity, but lesbian couples in Westland must have the co-mother recognize the child to achieve full parenthood. This process is simpler than adoption and provides immediate rights, including access to information, decision-making authority, and inheritance rights. Without recognition, the co-mother remains legally an outsider, with only indirect rights through the biological mother.
Legal basis for co-mother recognition
The rules are laid down in Civil Code Book 1 (BW Book 1), with key articles:
- Article 1:199 BW: Basic rules for recognition.
- Article 1:207 paragraph 2 BW: Exception for co-mother.
- Article 1:253a BW: Joint parental authority post-recognition.
The Act of 6 December 2018 (Bulletin of Acts and Decrees 2018, 461), known as the 'co-mother provision', took effect on 1 April 2019. In Westland, the co-mother can recognize the child together with the biological mother, even during pregnancy. Conditions:
- Joint household in Westland (marriage or registered partnership not required, but helpful).
- Both mothers commit to joint upbringing.
- No other father or prior recognizer.
Previously, adoption was required, which was time-consuming and costly.
Procedure for co-mother recognition in Westland
Recognition is processed by the civil registry officer of the Municipality of Westland, where the child is born or resides. Steps:
- Preparation: Both mothers contact the Municipality of Westland, possible from week 13 of pregnancy.
- Birth registration: Biological mother registers the birth; co-mother recognizes immediately thereafter.
- Verification: Officer confirms joint household and intent.
- Registration: In the Personal Records Database (BRP).
Costs: approximately €10-€20. Joint parental authority follows automatically, unless a court orders otherwise.
Comparison: Co-mother recognition vs. traditional recognition
| Aspect | Co-mother recognition | Traditional recognition (father) |
|---|---|---|
| Conditions | Joint household + intent | No biological father OR mother's consent |
| Timing | From 13th week of pregnancy | After birth (or before if biological father) |
| Rights after recognition | Full parental authority | Parental authority + maintenance |
| Consent required | Biological mother | Mother (if not biological father) |
Rights and obligations after recognition
The co-mother acquires:
- Rights: Joint parental authority (art. 1:251 BW), contact rights, access to information, and inheritance rights.
- Obligations: Maintenance (art. 1:392 BW), care, and upbringing.
The mothers are equal in status. Upon separation, the child's best interests determine residence arrangements, if necessary via the Westland District Court.
Practical examples from Westland
Example 1: Lisa (biological mother) and Marie (co-mother) from Naaldwijk recognize during pregnancy at the Municipality of Westland. Marie is listed on the birth certificate; upon separation, parental authority remains shared.
Example 2: Sanne and Kim from Monster live separately, so recognition is not possible; adoption via the Westland District Court takes 6-12 months and costs €1,500+.
Example 3: After recognition, the biological mother passes away; the co-mother retains parental authority without further action.
Frequently Asked Questions
Can a co-mother recognize without the biological mother's consent?
No, consent is required (art. 1:207 paragraph 2 BW).
What happens upon separation after recognition?
Parental authority remains joint; changes require Westland District Court approval (art. 1:261 BW).
Is marriage required?
No, a joint household is required; marriage helps in disputes.
Can recognition be revoked?
It is irrevocable, except by court order (art. 1:208 BW).
Tips for Westland residents
- Recognize early, preferably during pregnancy at the Municipality of Westland for full certainty.
- Consult Westland Legal Aid Desk for free advice.
- For disputes: Westland District Court.
- Document your joint household with proof of address.