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| Dutch nationality after recognition of natural child by unmarried Dutch father | ||||||
| When a child is born from a married couple, automatically the child has a "legal" father. Obviously the mother does not have to formally announce that she is the mother of the born child. The situation is different when a child is born from a not-married couple. In this case the father has to announce that he is the father of the child. This is a legal procedure. Though a simple and short procedure, it could have serious problems if the father is not willing to do so. It is important the father recognises before the child is born. A visit to the municipal at your city suffices. Both have to bring residence permits and passport to the municipal and ask for 'erkenning van een ongeboren vrucht' (recognition of your unborn child). The recognition takes only a few minutes. There is no need to involve a lawyer of notary with this. The recognition has legal consequenses for the father. But by recognition of the child the father does not get parental authority (in Dutch: ' gezag' or ' gezamenlijk gezag'), |
or get parental autority (Gezamenlijk gezag) over the child. Both parents have to fill in a form at the court (in dutch: rechtbank, sector kanton). The mother has to give permission to the father. Both sign the papers, which should only take a few minutes at the court. You can also sent all the papers to court.
A further legal consequence with recognition of the child is nationality. By recognising the child by the father before the child is born the child will get the Dutch nationality automatically if one of the parents is Dutch. As a result of the amendment to the law of 1 April 2003 a child doesn't automatically get the Dutch nationality. On has to request for a residence permit) If the father has not recognised his child before he/she is born, then it is advisable to discuss the different possibilities at the municipality. |
If the father has not recognised the child before it is born then the child has only a legal mother and no legal father (at that moment). The father can recognise the child still after birth, as a result of which he gets a legal father.
A final proceudre is determination by court: by the determination of paternity the child gets a family relation with the father. The child will get the Dutch nationality at the moment the pronouncement of the judge is irrevocable. You can also choose for the option procedure. The child must become then recognised by the father and for three years the father has to look after the child. in short: - If unborn: the mother and the father of the unborn child have to go to the municipal as soon as possible for the recognistion of the child. This will take the civil servant of the municipality house only a few minutes. - you can choose the surname, yours or his. The choice of the surname has no legal consequences. - after recognition the father can fill in a form to get parental rights if you give permission. You have to sent the form with the documents to court (in Dutch: rechtbank sector kanton). Of course for legal guidance, Guapa is always ready to help. @Guapa Legal, D.I. Aalbers LL.M. |
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