Recognition is a legal step whereby a man officially becomes the father of a child. This is necessary if he is not married to the mother or does not have a registered partnership with her.
When must a child be recognised?
Recognition is required in the following situations:
- The parents are not married
- There is no registered partnership between the parents
- No other legal father is registered
How can I recognise a child?
Recognition can take place at different times and locations:
| Moment | Location | Who |
|---|---|---|
| Before birth | Municipality of Utrecht (civil registry) | Father with consent of the mother |
| During birth registration | Municipality of Utrecht | Father with consent of the mother |
| After birth | Municipality of Utrecht or notary | Father with consent of mother or child |
Consent for recognition
Consent is required for recognition, depending on the age of the child:
- Child under 12 years: Only consent of the mother
- Child between 12 and 16 years: Consent of both mother and child
- Child over 16 years: Only consent of the child
Substitute consent via the court
If the mother refuses to give consent, the father can file a request with the court for substitute consent. The court may approve this, unless:
- Recognition harms the mother's interests in the upbringing
- The child's development is negatively affected
Consequences of recognition since 2023
As of 1 January 2023, upon recognition, the father automatically obtains joint custody together with the mother. Prior to that date, this had to be applied for separately.
Annulment of recognition
It is possible to undo a recognition if:
- The recogniser turns out not to be the biological father
- The recognition took place under duress or mistake
- The given consent was not legally valid
Can I recognise a child if I am not the biological father?
Yes, this is possible. However, bear in mind that the recognition can later be reversed if it is established that you are not the biological father.What if the mother refuses my recognition?
You can file a request for substitute consent with the court, such as the District Court of Midden-Nederland in Utrecht. The judge will assess whether recognition is in the interests of the child and the mother. As the biological father, you have a strong position.Is recognition possible before birth?
Yes, you can recognise a child during pregnancy at the municipality of Utrecht. This is practical if you want the child to have your surname or if you cannot be present at the birth.Frequently asked questions about recognition in Utrecht
How do I recognise my child if the mother does not give consent?If the mother refuses, you can file a request for substitute consent with the District Court of Midden-Nederland (Vrouwe Justitiaplein 1, Utrecht). The judge assesses whether recognition is in the child's interest. A lawyer, for example via the Juridisch Loket Utrecht (Catharijnesingel 55), can assist you. This process often takes several months. What are my rights and obligations after recognition?
After recognition, you are legally the father, with maintenance obligation (child support) and inheritance rights for the child. Since 2023, you automatically obtain joint custody, unless otherwise determined. You also have the right to contact, provided it does not harm the child. Can I recognise a child if I do not live in the Netherlands?
Yes, recognition is possible via the municipality of Utrecht, a notary, or the Dutch embassy/consulate abroad. Contact the municipality of Utrecht for specific instructions. Which documents do I need for recognition at the municipality of Utrecht?
Bring a valid identity document (passport/ID). For recognition after birth, the birth certificate is needed. For recognition before birth, you must provide a pregnancy declaration from a doctor or midwife. Consent from the mother (or a court decision) is also required. Can I withdraw a recognition later?
Yes, a recognition can be annulled if you are not the biological father, if there was duress, or if the consent was invalid. You must file this request with the court, possibly with the help of a lawyer.