Parentage establishes who the legal parents of a child are, with consequences for custody, maintenance, inheritance and nationality. In Utrecht, specific rules and procedures apply to establishing this.
What does parentage entail?
Parentage is the legal bond between a child and his or her parents. This determines who is considered parents under the law, regardless of biological facts.
How does parentage arise?
| Type of parentage | Method of 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 | The court determines paternity |
| Adoption | Via a court judgment |
Rules for legal maternity
The legal mother is the woman who gives birth to the child, also in situations such as:
- Egg donation: the surrogate mother is considered the legal mother
- Surrogacy: adoption is required for transfer of maternity
Rules for legal paternity
A man becomes the legal father if he:
- Is married to the mother at the birth of the child
- Has a registered partnership with the mother
- Has officially recognised the child
- His paternity has been confirmed by the court
Consequences of parentage
- Surname: Parents choose the father's or mother's surname for the child
- Nationality: Can be transmitted via a parent
- Custody: Legal parents can exercise custody
- Maintenance obligation: Parents must contribute financially
- Inheritance law: Children inherit from their legal parents
What if the biological father is not the legal father?
Legal parentage may differ from the biological situation. A biological father can apply for recognition or have paternity established via the court. A legal father can contest paternity.Can a child have more than two legal parents?
No, under Dutch law a child can only have two legal parents, regardless of whether this is two mothers, two fathers or one father and one mother.Does parentage affect a child's surname?
Yes, at birth registration parents determine which surname the child receives, that of the father or the mother. This choice also applies to future children of the same couple.Frequently asked questions about parentage in Utrecht
How do I recognise my child if I am not married?
If you are not married, you can arrange recognition at the Utrecht municipality or via a notary. This can be done during pregnancy or after birth. The mother's consent is required if the child is younger than 16 years. Recognition grants legal rights and obligations, such as custody and maintenance obligation.
What to do if the biological father refuses recognition?
In case of refusal, you can ask the District Court of Midden-Nederland (Vrouwe Justitiaplein 1, Utrecht) to establish paternity. A DNA test may be ordered. Upon establishment, the father acquires legal obligations such as maintenance.
Can a child receive the father's surname without marriage?
Yes, upon recognition by the father, parents can choose the father's surname at birth registration. Without recognition, the child automatically receives the mother's surname.
What does parentage mean for inheritance law?
Parentage determines the heirs. A child inherits from legal parents, even without a will. Without recognition, the child inherits only from the mother or legal father. Recognition creates inheritance law ties.
How does parentage work in surrogacy?
The surrogate mother is legally the mother, regardless of biological origin. Intended parents must apply for adoption via the court to become legal parents. Until then, the surrogate mother remains legally responsible.
Help and contact in Utrecht
For legal questions about parentage, you can go to the Juridisch Loket Utrecht, Catharijnesingel 55. For court cases, contact the District Court of Midden-Nederland, Vrouwe Justitiaplein 1.