Co-Mother Recognition in Utrecht

Co-Mother Recognition in Utrecht

Co-mother recognition is the legal step by which the non-biological mother in a lesbian couple in Utrecht 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 co-mother provision has simplified this process for residents of Utrecht, subject to strict conditions.

What does co-mother recognition entail?

In Dutch family law, recognition is essential for establishing legal parentage. Heterosexual couples benefit from automatic paternity, but for lesbian couples in Utrecht, the co-mother must recognize the child to become a legal parent. This process is simpler and faster than adoption.

Through recognition, the co-mother acquires all parental rights, including access to information, decision-making authority, and inheritance rights. Without recognition, she remains a legal outsider, with only indirect contact through the biological parent.

Legal basis for co-mothers in Utrecht

Co-mother recognition is governed by Civil Code Book 1 (BW Book 1). Relevant articles:

• Article 1:199 BW: Basic rules on recognition.
• Article 1:207(2) BW: Special co-mother provision.
• Article 1:253a BW: Joint parental authority following recognition.

The Act of 6 December 2018 (Bulletin of Acts and Decrees 2018, 461), known as the 'co-mother provision', has been in effect since 1 April 2019. In Utrecht, the co-mother can recognize the child together with the biological mother, even during pregnancy. Requirements:

• Joint household in Utrecht (marriage or partnership not required, but helpful).
• Both mothers confirm their intention for joint upbringing.
• No other father or recognizer.

Previously, adoption was required, which was time-consuming and costly for couples in Utrecht.

Procedure for co-mother recognition at the Municipality of Utrecht

Recognition is handled by the civil registry officer of the Municipality of Utrecht, where the child is born or resides. Steps for residents of Utrecht:

1. Preparation: Both mothers contact the Municipality of Utrecht, starting from week 13 of pregnancy.
2. Declaration: Biological mother declares the birth; co-mother recognizes immediately thereafter.
3. Verification: Officer checks the joint household and intention.
4. Registration: Entry in the Basic Register of Persons (BRP).

Costs: approximately €10-€20. Joint parental authority follows automatically, unless intervened by the District Court of Utrecht.

Comparison: Co-Mother Recognition vs. Traditional Paternity Recognition

Rights and obligations after recognition in Utrecht

Following recognition, the co-mother enjoys:

• Rights: Joint authority (art. 1:251 BW), contact rights, information access, and inheritance rights.
• Obligations: Maintenance (art. 1:392 BW), care, and upbringing.

The mothers are equal. In case of separation in Utrecht, primary residence applies, with possible intervention by the District Court of Utrecht.

Practical examples from Utrecht

Example 1: Lisa (biological mother) and Marie (co-mother) live together in Utrecht. They recognize during pregnancy at the Municipality of Utrecht. After birth, Marie is on the birth certificate. Separation? Shared authority.

Example 2: Sanne and Kim in Utrecht, not cohabiting. No recognition; adoption via District Court of Utrecht takes 6-12 months, costs €1,500+.

Example 3: Biological mother passes away after recognition; co-mother retains full authority in Utrecht.

Frequently asked questions for Utrecht

Tips for co-mothers in Utrecht

• Recognize early, preferably during pregnancy, at the Municipality of Utrecht for certainty.
• Contact Utrecht Legal Aid Office for free advice.
• For complications: District Court of Utrecht or specialist.
• Document your joint household for a smooth process.