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, for example in Zoetermeer.
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 given consent for the conception
Legal Status of the Dual Mother
| Situation | 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 as Dual Mother
If the women are not married, the partner can recognise the child. The procedure is similar to that of a male partner:
- Consent of the biological mother is required
- Recognition can take place at the municipality of Zoetermeer or via a notary
- This can also be arranged before birth
Situation with a Known Donor
The use of a known donor brings additional legal challenges:
- The donor has the option to recognise the child
- In that case, adoption by the dual mother is required
- It is advisable to make clear agreements with the donor
Parental Authority Rights of the Dual Mother
In most cases, the dual mother automatically obtains parental authority over the child:
- In case of marriage or partnership: automatic joint parental authority
- In case of recognition after 2023: automatic joint parental authority
- In case of adoption: parental authority is automatically granted
What distinguishes dual motherhood from adoption?
In dual motherhood, the partner is directly a legal parent, either automatically or via recognition. Adoption, on the other hand, requires a longer legal procedure before parenthood is recognised.Can the child request information about 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 assist by informing the donor.What happens in case of a relationship breakdown?
In case of divorce, the rules remain the same as for other parents: joint parental authority continues, a parenting plan is mandatory and child support may apply.Frequently Asked Questions about Dual Motherhood in Zoetermeer
How do I become automatically a legal parent as a partner?
If you are married or have a registered partnership and use an anonymous donor via a recognised clinic, you become automatically a legal parent. Written consent to the conception is essential here. In case of a known donor or unmarried status, 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 a parent. An adoption procedure is then required. Make written agreements with the donor regarding rights and obligations to prevent future problems.
Do I get parental authority immediately as dual mother?
Yes, usually. In case of marriage or partnership, parental authority is automatically joint. Since 2023, this also applies to recognition. In adoption, you also receive parental authority. Otherwise, you must apply for parental authority via the District Court of The Hague.
Can my child find out the identity of the donor?
If conception took place via a Dutch clinic after 2004, the child from age 16 has the right to donor information via Stichting Donorgegevens. In case of a known donor or foreign clinic, the options depend on the agreements made.
What if the relationship with the mother ends?
In case of divorce, both mothers remain legal parents with joint parental authority. A parenting plan with arrangements on care and costs is mandatory. Child support may apply, depending on income and care division. Help from a mediator is recommended.
Am I entitled to parental leave as dual mother?
Yes, as a legal parent in Zoetermeer you have the same rights to parental leave as other parents, provided you meet the statutory conditions.
For more information or legal advice, you can contact the Juridisch Loket Zoetermeer or submit a case to the District Court of The Hague.