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.
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 consented to the conception
Legal Status of the Dual Mother
| Circumstance | Legal Parenthood |
|---|---|
| Married + anonymous donor (clinic) | Both mothers automatically legal parents |
| Married + known donor | Adoption by the partner required |
| Not married + anonymous donor | Recognition by the partner possible |
| Not married + known donor | Adoption by the partner necessary |
Recognition as Dual Mother
If the women are not married, the partner can recognise the child. The procedure is similar to that for men:
- Consent of the biological mother is required
- Recognition takes place at the municipality or via a notary
- This can also be done before the birth of the child
Situation with a Known Donor
The use of a known donor brings additional legal challenges:
- The donor can recognise the child as a legal parent
- In that case, adoption by the dual mother is necessary
- Making clear arrangements with the donor is essential
Custody of the Dual Mother
In many situations, the dual mother automatically obtains custody over the child:
- In case of marriage: automatic joint custody
- In case of recognition after 2023: also automatic joint custody
- In case of adoption: custody is automatically granted
What distinguishes dual motherhood from adoption?
In dual motherhood (automatic or via recognition), the partner is directly a legal parent. In adoption, this is only established after a formal procedure, which is a more intensive process.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 inform the donor about this.What happens in case of a relationship breakdown?
In case of a divorce, the same rules apply as for other parents: joint custody remains in place, a parenting plan is mandatory, and child support may apply.Frequently Asked Questions about Dual Motherhood in Utrecht
How do I become the legal parent automatically as a partner?
If you are married or have a registered partnership and the child is conceived with an anonymous donor via a recognised clinic, you are automatically the legal parent. Written consent to the conception is necessary. 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, they can recognise the child, meaning you as dual mother are not automatically the legal parent. An adoption procedure is then needed. Make arrangements with the donor, preferably legally, to prevent future conflicts.
Do I get custody automatically as dual mother?
Yes, in most cases. In case of marriage or registered partnership, custody is automatically joint. This has also applied to recognition since 2023. In adoption, custody is also automatically granted.
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. With a known donor or foreign clinic, this depends on the arrangements made.
What if my relationship with the mother ends?
In case of a divorce, you remain legal parents with joint custody. A parenting plan is required and child support may be owed, depending on incomes and care division.
Am I entitled to parental leave as dual mother?
Yes, as a legal parent, you are entitled to parental leave, just like other parents.
Contact in Utrecht:
- Rechtbank Midden-Nederland: Vrouwe Justitiaplein 1, Utrecht
- Juridisch Loket Utrecht: Catharijnesingel 55, Utrecht