From 1 January 2023, recognition and parental authority go hand in hand

On Rijksoverheid, it is stated that from 1 January 2023, the bill on recognition and joint custody linked, will come into force, see:

Joint custody by recognition from 2023

From 2023, unmarried and unregistered partners will automatically gain joint parental authority with the mother. This happens when they recognise their child. They no longer have to apply for joint custody with the mother at the court.

When do you have to arrange child custody yourself?

If the parents are married, the woman's husband automatically becomes the child's legal father and is also entrusted with joint custody. Unmarried couples have to actively pursue this. The partner of the unmarried mother, can recognise the (still unborn) child - with the mother's consent - at the municipality. This makes him the legal father but does not entrust him with joint custody. Many parents are not aware of this at the time of recognition and custody is no longer considered so joint custody often remains unregulated. In case of divorce or death of the mother, this can have unpleasant consequences for the father. He then has to go to court to still be entrusted with (joint) custody.

Bill to link custody to recognition

On 24 November 2020, the Lower House approved a bill to link joint custody to recognition. The initiators of this proposal believe that the distinction between married and unmarried parents with regard to obtaining joint custody does not fit into the changing society in which more and more people are (consciously) having children without being married.

We understand that you might have further questions or are in need for more information. Our family law lawyers will be happy to help you further.

Published: 15 December 2022 in Family law
Please contact Petra (P.R.) Beishuizen
From 1 January 2023, recognition and parental authority go hand in hand