Now that you are expecting, there are also some legal matters that need to be arranged. Below you will find information about arranging the acknowledgment of paternity, parental custody and guardianship, and the birth registration.
Acknowledgment is the declaration by a man or woman to the civil registrar that he or she assumes parenthood. It can be indicated which surname your child will receive.
Acknowledgment can take place before the birth (acknowledgment of the unborn child), during the birth registration, or at a later time. You must make an appointment for this. Please note that the mother must be present during the appointment if the child will not receive the mother’s surname. In this case, the acknowledgment must be arranged within three working days after the birth, namely before the moment of registration. We therefore advise arranging the acknowledgment during pregnancy.
The declaration is recorded by the civil registrar in a deed of acknowledgment. Acknowledgment can take place before any civil registrar in the Netherlands, regardless of the place of residence of the persons concerned. Upon acknowledgment, you have the option to choose a name.
Consequences of recognition
What is required to arrange the recognition?
Costs
The recognition is free, and you also receive a free copy.
If you have parental custody over a child, you are responsible for the child’s care and upbringing and almost always have a maintenance obligation. You are also the legal representative and manage the child’s money and belongings. In the Netherlands, all minors are subject to parental custody. This means that they are not allowed to make certain decisions independently. Usually, one of the parents exercises this authority, but a non-parent can also have custody over a child. If you have parental custody over a child, you have a maintenance obligation until the child reaches the age of 21. At 18, the child reaches the age of majority, but thereafter, an extended maintenance obligation of 3 years applies. This means that you must pay the costs for the child’s care and education. You also have a maintenance obligation as a parent without parental custody.
Are you the father of a child, but not married to the mother and not registered partners? Then you do not automatically receive parental custody over your child. If you wish to have joint parental custody, you can apply for this at the registry of the court. An important condition is that you have acknowledged your child. If you are married, the man is automatically the (legal) father of the child.
The mother and the person acknowledging paternity can obtain joint parental custody over the child after acknowledgment. You can arrange this by having an entry placed in the parental custody register maintained by the Family & Youth Sector of the court.
The mother automatically has parental custody (if she is of legal age at the time of the child’s birth). If the person acknowledging the child also wishes to be granted parental custody, both the mother and the person acknowledging the child must submit a request to the registry of the court. The request may be submitted to any court in the Netherlands, regardless of the child’s place of birth. There is no time limit attached to submitting the request to exercise joint parental custody.
Costs of applying for joint parental custody
Applying for joint parental authority at the court is free of charge. However, there are costs associated with the documents you must obtain from the municipality to submit an application.
You must register the birth with the civil registrar of the municipality where your child was born within three working days. Your child is then officially registered and receives a BSN.
If the delivery took place in Rotterdam, the birth must be registered at one of the city offices. You must make an appointment for this. You can make an appointment by telephone (14-010) or online using your DigiD code (www.rotterdam.nl). If the mother gave birth in a place other than Rotterdam, you must register the birth in the place where the hospital is located.
If you have given birth at the Sophia Birth Centre, it is possible to register the birth there. This can be done while you are still staying at the birth centre at the time the registrar is present. This is the case twice a week.
What is needed when you file a tax return?
And if applicable:
The Municipality of Rotterdam always also sends a notification of the birth registration to:
Costs
The birth registration itself is free. There may be a fee for a copy.
Recognition
Acknowledgment is the declaration by a man or woman to the civil registrar that he or she assumes parenthood. It can be indicated which surname your child will receive.
Acknowledgment can take place before the birth (acknowledgment of the unborn child), during the birth registration, or at a later time. You must make an appointment for this. Please note that the mother must be present during the appointment if the child will not receive the mother’s surname. In this case, the acknowledgment must be arranged within three working days after the birth, namely before the moment of registration. We therefore advise arranging the acknowledgment during pregnancy.
The declaration is recorded by the civil registrar in a deed of acknowledgment. Acknowledgment can take place before any civil registrar in the Netherlands, regardless of the place of residence of the persons concerned. Upon acknowledgment, you have the option to choose a name.
Consequences of recognition
- The man or woman who acknowledges the child becomes the legal parent, even if he or she is not the biological parent.
- Through acknowledgment, the parent and the child become each other’s legal heirs, and the parent becomes liable for maintenance until the child reaches the age of 21.
- In addition, the parent has the right to contact, information, and consultation, and can be granted custody of the child (this does not happen automatically).
- Door erkenning krijgt het kind mogelijk de achternaam van de vader.
- Through acknowledgment, the child may acquire the nationality of the parent. This depends on the law of the country of which the parent is a national.
What is required to arrange the recognition?
- Valid identification of the mother and the person acknowledging paternity.
- Mother’s permission.
- The person acknowledging the recognition and the consentor(s) must be present in person at the recognition.
- If the mother does not appear in person: the written consent of the mother, signed by her. The mother must be present if, at the time of the acknowledgment, a choice must also be made regarding whose surname the acknowledged (unborn) child will receive.
Costs
The recognition is free, and you also receive a free copy.
Custody
If you have parental custody over a child, you are responsible for the child’s care and upbringing and almost always have a maintenance obligation. You are also the legal representative and manage the child’s money and belongings. In the Netherlands, all minors are subject to parental custody. This means that they are not allowed to make certain decisions independently. Usually, one of the parents exercises this authority, but a non-parent can also have custody over a child. If you have parental custody over a child, you have a maintenance obligation until the child reaches the age of 21. At 18, the child reaches the age of majority, but thereafter, an extended maintenance obligation of 3 years applies. This means that you must pay the costs for the child’s care and education. You also have a maintenance obligation as a parent without parental custody.
Are you the father of a child, but not married to the mother and not registered partners? Then you do not automatically receive parental custody over your child. If you wish to have joint parental custody, you can apply for this at the registry of the court. An important condition is that you have acknowledged your child. If you are married, the man is automatically the (legal) father of the child.
The mother and the person acknowledging paternity can obtain joint parental custody over the child after acknowledgment. You can arrange this by having an entry placed in the parental custody register maintained by the Family & Youth Sector of the court.
The mother automatically has parental custody (if she is of legal age at the time of the child’s birth). If the person acknowledging the child also wishes to be granted parental custody, both the mother and the person acknowledging the child must submit a request to the registry of the court. The request may be submitted to any court in the Netherlands, regardless of the child’s place of birth. There is no time limit attached to submitting the request to exercise joint parental custody.
Costs of applying for joint parental custody
Applying for joint parental authority at the court is free of charge. However, there are costs associated with the documents you must obtain from the municipality to submit an application.
Registration of birth
You must register the birth with the civil registrar of the municipality where your child was born within three working days. Your child is then officially registered and receives a BSN.
If the delivery took place in Rotterdam, the birth must be registered at one of the city offices. You must make an appointment for this. You can make an appointment by telephone (14-010) or online using your DigiD code (www.rotterdam.nl). If the mother gave birth in a place other than Rotterdam, you must register the birth in the place where the hospital is located.
If you have given birth at the Sophia Birth Centre, it is possible to register the birth there. This can be done while you are still staying at the birth centre at the time the registrar is present. This is the case twice a week.
What is needed when you file a tax return?
- Valid proof of identity (passport, (Dutch) identity card, Dutch driving licence, residence permit, W-document) of the person making the declaration and of the mother.
- A statement from the general practitioner or midwife (with the mother’s name and date and place of birth).
- Name and gender of the newborn baby.
And if applicable:
- Deed of choice of name. With this, you indicate whether your baby adopts the surname of the father or (co-)mother.
- Acknowledgment (unborn child): proof that the parent has acknowledged the child (if the parents are not married).
- The baby can be added to it. (Your child can only be added to a Dutch marriage certificate).
- A declaration of artificial insemination from an unknown sperm donor, issued by the Foundation for Donor Data on Artificial Insemination (if the parents are married/registered partners and of the same sex).
The Municipality of Rotterdam always also sends a notification of the birth registration to:
- the Provincial Enrollment Administration
- the Social Insurance Bank (SVB). This is the agency that ensures you receive child benefit.
Costs
The birth registration itself is free. There may be a fee for a copy.
