Parentage establishes who, according to the law, are the parents of a child. This affects matters such as parental authority, maintenance obligations, inheritance law and nationality. In the Netherlands, parentage arises in various ways.
What does parentage entail?
Parentage is the legal relationship between a child and its parents. It determines who the legal parents are, regardless of the biological situation.
How does parentage arise?
| Form | Establishment |
|---|---|
| Birth | The mother is the woman who gives birth to the child |
| 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 |
Legal motherhood
The legal mother is always the woman who gives birth to the child, even in cases of:
- Egg donation: the woman who carries the child is the legal mother
- Surrogacy: adoption is required to transfer motherhood
Legal paternity
A man is the legal father if:
- He is married to the mother at the birth of the child
- He has a registered partnership with the mother
- He has officially recognised the child
- His paternity has been established by a court
What are the consequences of parentage?
- Surname: The child may bear the surname of one of the parents
- Nationality: May be transmitted via a parent
- Parental authority: A parent may obtain parental authority over the child
- Maintenance obligation: Parents must contribute financially
- 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 may contest his paternity.Can a child have more than two legal parents?
No, under Dutch law, a child may have a maximum of 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 Zoetermeer
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 municipality of Zoetermeer or via a notary. This is possible during pregnancy or after birth. The mother's consent is required if the child is under 16. Recognition gives you legal rights and obligations, such as maintenance obligation and inheritance law. Joint parental authority may then be applied for at the court. What if the biological father refuses recognition?
If the father refuses, you can file a request with the District Court of The Hague for establishment of paternity. A DNA test may be ordered by the court. Upon establishment, the man becomes the legal father with all obligations, such as maintenance and inheritance law. Can a child receive the father's surname without marriage?
Yes, at the birth registration in Zoetermeer, parents may 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?
In surrogacy, the surrogate mother is the legal mother, even if she is not biologically related. Intended parents must apply for adoption via the court to obtain legal parenthood.
For more information or legal advice, you can contact the Juridisch Loket Zoetermeer or file a case at the District Court of The Hague.