Dual motherhood means that a child has two legal mothers. This can occur when two women in a relationship have a child together via donor insemination, for example in the Leiden region.
Conditions for Dual Motherhood
Dual motherhood is automatically established if:
- Two women have a marriage or registered partnership
- The child was conceived with sperm from an anonymous donor via a recognised fertility clinic
- The partner of the biological mother consents to the conception
Legal Status of the Dual Mother
| Circumstance | Legal Parenthood |
|---|---|
| Married + anonymous donor (clinic) | Both mothers automatically legal parents |
| Married + known donor | Adoption by the partner required |
| Not married + anonymous donor | Recognition by the partner possible |
| Not married + known donor | Adoption by the partner necessary |
Recognition Procedure for Dual Mothers
If the women are not married, the partner can recognise the child. The rules for this are similar to recognition by a father:
- Consent of the biological mother is required
- Recognition can take place at the Leiden municipality or via a notary
- This can also be arranged before birth
Situation with a Known Donor
If a known donor is involved, the situation becomes more complicated:
- The donor has the option to recognise the child
- In that case, adoption by the dual mother is necessary
- Making clear agreements with the donor is essential
Authority Arrangement for Dual Mothers
In many cases, the dual mother automatically obtains authority:
- In case of marriage: automatic joint authority
- Upon recognition after 2023: automatic joint authority
- Upon adoption: automatic authority
What distinguishes dual motherhood from adoption?
In dual motherhood (automatic or via recognition), the partner is directly a legal parent. In adoption, the partner only becomes a legal parent after a formal procedure, which is often more complex.Can the child later request information about the donor?
If the donation took place via a Dutch clinic after 2004, the child from age 16 has the right to donor information. The donor is notified via Stichting Donorgegevens.What happens in case of a relationship breakdown?
In case of divorce, the rules remain the same as for other parents: joint authority continues, a parenting plan is mandatory and maintenance can be imposed.Contact and Assistance in Leiden
For legal questions about dual motherhood in Leiden, you can go to:
- Rechtbank Den Haag, Leiden Location for legal proceedings such as adoption or authority matters
- Juridisch Loket Leiden (Stationsweg 46) for free advice and support
Frequently Asked Questions about Dual Motherhood
How do I become the legal parent automatically as a partner?
If you are married or have a partnership and the child was conceived with an anonymous donor via a clinic, you are automatically the legal parent. Written consent to the conception is necessary. With a known donor or without marriage, recognition or adoption is required.
What to do with a known donor and no marriage?
With a known donor, they can recognise the child, meaning you as dual mother are not directly the legal parent. An adoption procedure is then necessary. Make written agreements with the donor to prevent future conflicts.
Do I get authority automatically as a dual mother?
Yes, often. In case of marriage or partnership, authority is automatically joint. After recognition (since 2023) or adoption, this also applies. Otherwise, authority must be requested via the court.
Can my child find out the donor's identity?
For a Dutch clinic donation after 2004, the child from age 16 has the right to donor information via Stichting Donorgegevens. For known or foreign donors, it depends on the agreements made.
What in case of divorce?
After divorce, both mothers retain authority. A parenting plan is required and maintenance can be determined, depending on income and care division. Legal assistance is recommended.