Recognition of Non-Biological Mother in Den Haag
Recognition of the non-biological mother is the legal step by which the non-biological mother in a lesbian couple in Den Haag officially recognizes the child as her own. This grants her immediate parental authority, maintenance obligations, and inheritance rights, just like the biological mother. Since 2019, the non-biological mother provision has simplified this process under strict conditions, ideal for couples in Den Haag.
What does recognition of the non-biological mother entail in Den Haag?
In Dutch family law, recognition is essential for legal parentage. Heterosexual couples benefit from automatic paternity, but for lesbian couples in Den Haag, the non-biological mother must recognize the child to become a legal parent. This is simpler than adoption and provides full rights, such as access to information, decision-making authority, and inheritance rights. Without recognition, the non-biological mother remains legally an outsider, with only indirect contact through the biological parent.
Legal basis for recognition of the non-biological mother
The rules are set out in Civil Code Book 1 (CC Book 1), with key articles:
- Article 1:199 CC: Basic rules on recognition.
- Article 1:207(2) CC: Specific to the non-biological mother.
- Article 1:253a CC: Joint parental authority post-recognition.
The Act of 6 December 2018 (Bulletin of Acts and Decrees 2018, 461), known as the 'non-biological mother provision', has been in effect since 1 April 2019. In Den Haag, the non-biological mother can recognize the child together with the biological mother, even during pregnancy. Conditions:
- Joint household in Den Haag (marriage or partnership not required, but advisable).
- Both mothers declare their intention for joint upbringing.
- No other father or recognizer.
Previously, adoption was required, which was time-consuming and expensive.
Procedure for recognition of non-biological mother at Municipality of Den Haag
Recognition is handled by the civil registry officer at the Municipality of Den Haag, where the child is born or resides. Steps:
- Preparation: Both mothers report to Municipality of Den Haag from week 13 of pregnancy.
- Declaration: Biological mother declares the birth; non-biological mother recognizes immediately after.
- Verification: Officer checks household and intention.
- Registration: Entry in the Personal Records Database (BRP).
Costs: approximately €10-€20. Joint parental authority is automatic, unless the District Court of Den Haag decides otherwise. For advice: call Legal Aid Office Den Haag (070-361 99 99).
Comparison: Non-Biological Mother Recognition vs. Traditional Paternal Recognition
| Aspect | Non-Biological Mother Recognition | Traditional Recognition (Father) |
|---|---|---|
| Conditions | Joint household + intention | No biological father OR mother's consent |
| Timing | From 13th week of pregnancy | After birth (or earlier if conception) |
| Rights after recognition | Full parental authority | Maternal authority + maintenance |
| Consent required | Biological mother | Mother (if not biological father) |
Rights and obligations after recognition in Den Haag
After recognition, the non-biological mother obtains:
- Rights: Joint parental authority (art. 1:251 CC), contact rights, information access, and inheritance rights.
- Obligations: Maintenance (art. 1:392 CC), care, and upbringing.
Mothers are equal; in case of separation, primary residence is decided, possibly via the District Court of Den Haag.
Practical examples from Den Haag
Example 1: Lisa (biological mother) and Marie (non-biological mother) live together in Den Haag. They recognize during pregnancy at Municipality of Den Haag. After birth: Marie as co-parent. Separation? Joint parental authority.
Example 2: Sanne and Kim, not cohabiting in Den Haag. No recognition; adoption via District Court of Den Haag takes 6-12 months, €1,500+.
Example 3: Biological mother passes away post-recognition; non-biological mother retains full parental authority.
Frequently asked questions
Can a non-biological mother recognize without the biological mother's consent?
No, the biological mother's consent is mandatory (art. 1:207(2) CC).
What if they separate in Den Haag?
Parental authority remains joint; changes via District Court of Den Haag (art. 1:261 CC), with child's best interests central.
Is marriage required in Den Haag?
No, but joint household is. Marriage helps in disputes.
Can recognition be revoked?
Irrevocable, except in exceptional cases via court (art. 1:208 CC).
Tips for couples in Den Haag
- Recognize early, at Municipality of Den Haag from week 13.
- Consult Legal Aid Office Den Haag for free assistance.
- Consider marriage for extra security at District Court of Den Haag.