Recognition is a legal step by which a man officially becomes the father of a child. This is necessary when there is no marriage or registered partnership with the mother.
When must a child be recognised?
Recognition is required in the following situations:
- The parents are not married
- There is no registered partnership between the parents
- No other legal father is registered
How can I recognise a child?
Recognition can be arranged at different times and locations:
| Moment | Place | Who |
|---|---|---|
| Before birth | Municipality of Westland (civil registry) | Father, with consent of the mother |
| During birth registration | Municipality of Westland | Father, with consent of the mother |
| After birth | Municipality of Westland or notary | Father, with consent of mother or child |
Required consent for recognition
For recognition, consent must be given:
- Child under 12 years: Only consent of the mother
- Child between 12 and 16 years: Consent of both mother and child
- Child over 16 years: Only consent of the child
Substitute consent via the court
If the mother refuses to give consent, the father can request substitute consent from the court. This is granted, unless:
- Recognition is detrimental to the mother in the upbringing and care
- The child's development is endangered by recognition
What has changed since 2023?
As of 1 January 2023, the father receives joint custody with the mother immediately upon recognition. Prior to that date, this had to be applied for separately.
Withdrawing recognition
Recognition can be reversed if:
- The recogniser turns out not to be the biological father
- The recognition took place under duress or deception
- The given consent was not valid
Can I recognise a child without being the biological father?
Yes, recognition is possible, even if you are not the biological father. Note that the recognition can later be annulled if this comes to light.What if the mother refuses my recognition?
You can ask the District Court of The Hague for substitute consent. The judge considers the interests of both mother and child. As the biological father, you have a strong position.Is recognition possible before birth?
Yes, you can recognise a child during pregnancy at the Municipality of Westland. This is practical if you want the child to have your surname or if you cannot be present at the birth.Frequently asked questions about recognition in Westland
How do I recognise my child without the mother's consent?
If the mother does not give consent, you can apply for substitute consent at the District Court of The Hague. This is done via a petition, in which the judge weighs the interests of mother and child. A lawyer or the Juridisch Loket Westland can assist you. The procedure may take several months.
What does recognition mean for my rights and obligations?
After recognition, you are the legal father, with maintenance obligation (child support) and inheritance rights for the child. Since 2023, you automatically receive joint custody, unless the court decides otherwise. You have the right to contact, provided it is in the child's best interest.
Can I recognise if I do not live in the Netherlands?
Yes, recognition is possible at the Municipality of Westland, a notary, or via a Dutch embassy or consulate. Contact the Municipality of Westland for specific instructions.
Which documents do I need for recognition?
Bring a valid identity document (passport or ID). For recognition after birth, the birth certificate is needed; before birth, a pregnancy declaration. Consent from the mother (or a court order) is also required.
Can I annul a recognition later?
Yes, recognition can be annulled by the court if you are not the biological father, in case of duress or invalid consent. A lawyer can assist you in this procedure, after which your rights and obligations cease.