How and why do I acknowledge my child?
You can acknowledge your child if you are not the legal father of your child. That is, if you are not married or do not have a registered partnership with the mother of your child. A father can go to Civil Affairs immediately after the birth of a child, with consent of the mother, to acknowledge the child. Later acknowledgement n or the acknowledgement of an unborn child is also possible. A child can also be acknowledged by notarial deed, i.e. before a civil-law notary.
Are you married or in a registered partnership and your partner gives birth to a child? Then you do not need to acknowledge the child. You are then automatically the legal father. Even if you are not the biological father of the child.
What are the consequences if you acknowledge your child?
When you acknowledge your child, you become the legal parent of the child. You then have a number of rights and obligations. Do you also want to become the legal representative of the child? In other words, looking after the child's interests and being able to make important decisions about the child together? Then you must also apply for (joint) custody after the acknowledgement.
The acknowledgement of a child means that:
- A legal bond (relationship under family law) is created between you and your child.
- You must support the child until the child is 21 years old.
- You are entitled to access, information, and consultation after a divorce. The caring parent must then inform you of important developments concerning the child.
- You and the child become each other's legal heirs.
- You choose (together with the birth mother) the surname of your child.
- Your child may be given your nationality. This depends on the law of the country of your nationality. Do you have the Dutch nationality? Then the child you acknowledge will also automatically receive the Dutch nationality. In that case, you do need to acknowledge the child before it is seven years old.
Conditions for acknowledgement of a child
The following rules apply to the acknowledgement of a child:
- You are aged 16 or over.
- You need consent of the mother.
- Is the child 12 years old? Then you need written consent of the child and the mother. After the age of 16 you only need consent of the child.
- You cannot acknowledge a child if you are not allowed to marry the mother. For example, because you are a blood relative of the mother.
- There cannot already be two parents. For example, was the child adopted by the (female) partner of the mother? Then the biological father can no longer acknowledge the child.
- Are you under guardianship because of your physical or mental condition? If so then you first need permission from the subdistrict court.