Recognition is a legal step by which a man officially becomes the father of a child. This is necessary if he is not married to the mother or does not have a registered partnership with her.
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 has been established
How can I recognise a child?
Recognition can be arranged at different times and locations:
| Time | Location | Who must be present |
|---|---|---|
| Before birth | Zoetermeer Town Hall (civil registry) | Father with consent of the mother |
| During birth registration | Zoetermeer Municipality | Father with consent of the mother |
| After birth | Zoetermeer Municipality or a notary | Father with consent of mother or child |
Consent for recognition
Consent is required for recognition, depending on the age of the child:
- 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 District Court of The Hague. The court may refuse this if:
- Recognition harms the mother's interests in upbringing and care
- The recognition has a negative impact on the child's development
What has changed since 2023?
As of 1 January 2023, the father automatically obtains joint custody with the mother upon recognition. Prior to that date, this had to be applied for separately at the court.
Withdrawing recognition
Recognition can be reversed if:
- The recogniser turns out not to be the biological father
- The recognition was made under duress or by mistake
- The given consent was not legally 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 may later be annulled if this comes to light.What if the mother refuses my recognition?
You can submit a request to the District Court of The Hague for substitute consent. The court considers the interests of both the mother and the child. As the biological father, you often have a strong position.Is recognition before birth possible?
Yes, you can recognise a child during pregnancy at Zoetermeer Municipality. 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 Zoetermeer
How do I recognise my child if the mother does not give consent?If the mother does not consent, you can ask the District Court of The Hague for substitute consent. You submit this request via an official petition. The court assesses whether recognition is in the interests of the mother and child. A lawyer or the Juridisch Loket Zoetermeer can assist you. The procedure may take several months. What are the rights and obligations after recognition?
After recognition, you are the legal father, which means you have a maintenance obligation (child support) and the child is entitled to your inheritance. Since 2023, you automatically obtain joint custody, unless the court decides otherwise. You have a right to contact, but this may be limited in the child's best interests. Can I recognise my child if I do not live in the Netherlands?
Yes, recognition is possible via Zoetermeer Municipality, a notary, or a Dutch embassy/consulate abroad. Contact Zoetermeer Municipality for specific instructions. What documents do I need for recognition?
Bring a valid identity document (passport or ID card). For recognition after birth, the birth certificate is required. For recognition before birth, you must provide a pregnancy declaration from a doctor or midwife. Consent from the mother (or a court order) is also required. Can I annul a recognition later?
Yes, recognition can be annulled if you are not the biological father, if the recognition took place under duress, or if the consent was not valid. This must be requested via the District Court of The Hague, possibly with the help of a lawyer. Do I automatically get custody after recognition?
Since 2023, you automatically obtain joint custody upon recognition, unless the court decides otherwise. Before 2023, this had to be arranged separately.