Recognition is a legal step by which a man officially becomes the father of a child. This is necessary when he is not married to the mother or does not have a registered partnership with her.
When must a child be recognised?
Recognition is required in the following situations:
- The parents are not married to each other
- There is no registered partnership between the parents
- No other legal father is registered
How does recognition proceed?
Recognition can be arranged at different times and locations:
| Time | Place | Who |
|---|---|---|
| Before birth | Municipality of Leiden (civil registry) | Father, with consent of the mother |
| During birth registration | Municipality of Leiden | Father, with consent of the mother |
| After birth | Municipality of Leiden or a notary | Father, with consent of mother or child |
Consent for recognition
Consent is required for recognition, depending on the age of the child:
- Child under 12 years: Only consent of the mother
- Child between 12 and 16 years: Consent of both mother and child
- Child over 16 years: Only consent of the child
Substitute consent via the court
If the mother refuses to give consent, the father can request substitute consent from the court. This will be refused if:
- Recognition harms the mother's interests in the upbringing
- The child's development is negatively affected
Consequences of recognition since 2023
As of 1 January 2023, upon recognition, the father immediately obtains joint custody with the mother. Prior to that date, this had to be applied for separately.
Annulment of recognition
Recognition can be reversed if:
- The recogniser turns out not to be the biological father
- The recognition took place under duress or deception
- The given consent was not legally valid
Can I recognise a child if I am not the biological father?
Yes, this is possible. However, bear in mind that the recognition can later be declared invalid if it turns out that you are not the biological father.What if the mother is against the recognition?
You can ask the court for substitute consent. The judge weighs whether recognition is in the interest of the mother and child. As the biological father, you have a strong position.Is recognition possible before birth?
Yes, you can recognise a child during pregnancy at the Municipality of Leiden. This is practical if you want the child to have your surname or if you cannot be present at the birth.Frequently asked questions about recognition in Leiden
How do I recognise my child if the mother does not consent?
If the mother refuses, you can submit a request to the District Court of The Hague, Leiden location, for substitute consent. The judge considers what is in the interest of the mother and child. A lawyer can assist you in this process, which often takes a few months.
What does recognition mean for my rights and obligations?
After recognition, you are the legal father, with maintenance obligation (child support) and inheritance rights for the child. Since 2023, you automatically obtain joint custody, unless the court decides otherwise. You have the right to contact, provided it is in the child's interest.
Can I recognise a child if I live abroad?
Yes, recognition is possible via the Municipality of Leiden, a notary, or the Dutch embassy/consulate abroad. Contact the Municipality of Leiden for specific instructions.
Which documents are needed for recognition at the Municipality of Leiden?
You need a valid identity document (passport or ID card). For recognition after birth, the birth certificate is needed; before birth, a pregnancy declaration. Consent of the mother (or a court order) is also required.
Is it possible to annul a recognition later?
Yes, recognition can be annulled if you are not the biological father, in case of duress or invalid consent. This proceeds via the court, often with the help of a lawyer. After annulment, your rights and obligations cease.
Do I get custody of my child immediately after recognition?
Since 2023, upon recognition, you automatically obtain joint custody with the mother, unless the court decides otherwise.
Contact and support:
- District Court of The Hague, Leiden location for legal proceedings.
- Juridisch Loket Leiden (Stationsweg 46) for free advice on recognition and custody.