International Couples and Their Children
This article tackles an issue that creates a lot of confusion in expat circles - the status of international couples and their children in The Netherlands. (cont.)
Many expats approach me with questions about the legal issues surrounding marriage, cohabitation, registered partnership and the consequences when a child is born or when the relationship ends. Because of the international aspects of your position as an expat, complicated situations can arise. In the coming weeks I will answer some of your questions.
Today’s article deals with the legal consequences when an unmarried couple have a child. When a child is born ‘out of wedlock’ (to use the old-fashioned term), its legal status used to be very complicated. To make it simpler, the Netherlands passed a law which has not yet entered into force but which is already being applied in the courts of law. This law dictates that when a child is born to an unmarried mother who has her main place of residence in Holland, Dutch law applies.
Under Dutch law the birth is enough to establish a family relationship between the mother and her child. For the father it is different. For a family relationship to be established he has to either recognise the child or his parenthood needs to be established in a court of law.
Recognition: In principle the father’s national law decides if recognition is possible and under which conditions. If his national law does not allow for recognition then, if the child is born in the Netherlands, Dutch law will apply. This entails that the recognition is done at the Municipality. A civil servant makes up the necessary documents.
In order to recognise a child, a man must be legally eligible to marry the mother; viz., he is over the age of 16 and not married to another woman. If a man wants to recognise a child who is not yet 16 years old, he needs written permission from the mother. The written permission of the child is necessary if the child is 12 years or older. If the man is married to another woman, the permission of the court must be asked.
Fatherhood: The question of establishment of the fatherhood by a court of law is possible; this is answered by the law of the state of which both parents are nationals. If there is no common nationality, then the law of the state in which both parents have their main place of residence decides. If there is no common place of residence then the law of the place of residence of the child is applicable.
Under Dutch law only the mother or the child can ask the court for the establishment of fatherhood. A man can only be considered a ‘father’ if he is either the biological father or a man who has consented that his partner be impregnated. The establishment of fatherhood will be refused if the child already has two parents, the parents are for any reason not allowed to marry, or the man is not yet 16 years old.
When Dutch law is applicable to both mother and father this means that only the mother has the parental authority, even when the father has recognised the child or his paternity has been established. To get joint parental authority you would need to get a court decision. When the request is done jointly there is no need for a lawyer.
The father has visitation rights. The length and frequency of the visits is decided based on the best interest of the child. If the situation allows, visitation of one weekend every two weeks is the norm.
If the parents are not living together then child support has to be paid. How much this is depends on the financial capability of both parents.
