Co-Mother Recognition in Leiden

Co-Mother Recognition in Leiden

Co-mother recognition is the legal step by which the non-biological mother in a lesbian couple in Leiden officially recognises the child as her own. This immediately grants her parental authority, maintenance obligations, and inheritance rights, on par with the biological mother. Since 2019, the process has been streamlined through the co-mother provision, under strict conditions—ideal for couples in Leiden.

What Does Co-Mother Recognition Mean for Leiden Residents?

In Dutch family law, recognition is essential for establishing legal parentage. Heterosexual couples benefit from automatic paternity, but for lesbian couples in Leiden, the co-mother must recognise the child to become a legal parent. This is simpler than adoption and provides full rights, including access to information, decision-making power, and inheritance rights. Without recognition, the co-mother remains legally an outsider, with only indirect contact through the biological parent.

Legal Basis for Co-Mother Recognition

Co-mother recognition is governed by Civil Code Book 1 (CC Book 1), with key provisions:

• Article 1:199 CC: Basic rules on recognition.
• Article 1:207(2) CC: Special co-mother provision.
• Article 1:253a CC: Joint parental authority following recognition.

The Act of 6 December 2018 (Bulletin of Acts and Decrees 2018, 461), known as the 'co-mother provision', has applied since 4 April 2019. In Leiden, the co-mother can recognise the child together with the biological mother, even during pregnancy. Requirements:

• Joint household in Leiden (marriage or partnership not required, but helpful).
• Both mothers declare their intention for joint upbringing.
• No other father or recogniser.

Previously, adoption was required, which was time-consuming and expensive.

Procedure for Co-Mother Recognition at Leiden Municipality

Recognition is handled by the civil registry officer at Leiden Municipality, where the child is born or resides. Steps:

1. Preparation: Both mothers contact Leiden Municipality from week 13 of pregnancy.
2. Registration: Biological mother registers the birth; co-mother recognises immediately after.
3. Verification: Officer checks household and intention.
4. Recording: Entry in the Personal Records Database (BRP).

Costs: approximately €10-€20. Joint parental authority follows automatically, unless intervened by the Leiden District Court.

Comparison: Co-Mother Recognition vs. Traditional Recognition

Rights and Obligations after Recognition in Leiden

Following recognition, the co-mother acquires:

• Rights: Joint parental authority (art. 1:251 CC), right of access, information, and inheritance rights.
• Obligations: Maintenance (art. 1:392 CC), care, and upbringing.

The mothers are equal. In case of separation, primary residence applies, with possible intervention by the Leiden District Court.

Practical Examples from Leiden

Example 1: Lisa (biological mother) and Marie (co-mother) live together in Leiden. They recognise during pregnancy at Leiden Municipality. After birth, Marie is listed as co-parent on the birth certificate; in a breakup, they share authority.

Example 2: Sanne and Kim, not cohabiting in Leiden, cannot recognise; adoption via Leiden District Court takes 6-12 months and costs €1,500+.

Example 3: After recognition, the biological mother passes away; the co-mother retains authority without adoption.

Frequently Asked Questions about Leiden

Tips for Co-Mothers in Leiden

• Recognise early at Leiden Municipality, from pregnancy onwards for certainty.
• Consult the Leiden Legal Aid Office for free advice.
• For issues: Leiden District Court for authority changes.
• Document your household for a smooth process.