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Parental authority

This is a print of a page on Rechtspraak.nl. Look for the most up-to-date information on Rechtspraak.nl (http://www.rechtspraak.nl). This page is printed on 01-01-1970.

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If you have authority over a child under the age of 18, this means that you must raise and care for the child. Parents often automatically acquire parental authority (ouderlijk gezag), but sometimes it needs to be requested from the courts. Court proceedings relating to parental authority are governed by civil law. Consulting a lawyer may or may not be mandatory, depending on the situation.

 

What does having parental custody mean? 

What must you do under the law if you have parental authority? 

  • You must raise and care for the child. 
  • You must bear the costs in relation to the child. 
  • You must pay the living and study costs of the young person until they are 21 years of age. 
  • You must manage their belongings and money. 
  • You are their legal representative, for example: 
  • You sign documents on behalf of your child. 
  • You are responsible for your child’s behaviour (juridischloket.nl, in Dutch) 

 

When do you have automatic parental authority?

Parents who are married or in a civil partnership

Parents who are married or in a civil partnership automatically have joint parental authority over their child. They do not have apply to the district court.

Parents who are neither married nor in a civil partnership (child acknowledged after 1 January 2023)

In most cases, the person acknowledging parenthood of the child will automatically have parental authority over the child together with the mother. As a result of amended legislation, joint parental authority no longer needs to be applied for by the mother and the person acknowledging parenthood of the child before the district court. Please read below to see which exceptions apply to this legislation.

Do you no longer remember whether the child was acknowledged before or after 1 January 2023? You can find this date in an annex (‘latere vermelding’ [later recognition]) to the child’s birth certificate. 

 

 

Exceptions to automatic parental authority through acknowledgement

There are a number of situations where parents who are neither married nor in a civil partnership, whose child was acknowledged on or after 1 January 2023, are not granted joint parental authority: 

  • the child already has a guardian (who may be a person or an authority); 
  • nobody has parental authority over the child (e.g. the mother is a minor or under guardianship); 
  • there are already two people who have parental authority over the child (e.g. the mother and the stepfather); 
  • the person acknowledging parenthood of the child has previously had parental authority over the child (this person may apply for joint parental authority through the parental authority petition procedure); 
  • at the time of acknowledgement, the mother and the person acknowledging parenthood of the child stated that the mother would have sole parental authority (the mother and the person acknowledging parenthood of the child can still apply for joint parental authority through the written application form (in Dutch) (pdf, 279 KB)
  • the acknowledgement came about through substitute court approval (in Dutch) (the mother and the person acknowledging parenthood of the child and the mother can still apply for joint parental authority through the written application form (in Dutch)  (pdf, 279 KB)

 

 Who has parental authority and when?

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Applying for parental authority

Parental authority can be applied for in two ways: 

  1. Applying for joint parental authority using a form (in Dutch), without a lawyer. If you meet the requirements, the district court registrar will record the decision in the gezagsregister (Parental Authority Register). This procedure is intended for two parents.
  2. Applying for parental authority with the court through the parental authority petition procedure. A lawyer is mandatory in this situation. Certain conditions also apply. 
This procedure is intended for: 
  • joint parental authority shared by one parent and one non-parent; 
  • sole parental authority held by one parent. 

 Important things to know about parental authority

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  • ‘Parents’ means the legal parents. This does not necessarily mean the child’s biological parents.

    According to the law, the child’s mother is:

    • the woman who gave birth to the child;
    • the woman who has adopted the child;
    • the woman who has acknowledged parenthood of the child;
    • the woman whose parenthood has been determined by a court.

    If the child has been conceived through artificial insemination by an unknown donor (pursuant to the Wet donorgegevens kunstmatige bevruchting [Human Fertilisation (Donor Information) Act]), the woman whom the biological mother is married to, or in a civil partnership with, at the time of birth, is also the mother of the child.

    According to the law, the child’s father is:

    • the man who is married to, or in a civil partnership with, the mother at the time of the birth of the child; 
    • the man who has adopted the child; 
    • the man who has acknowledged parenthood of the child; 
    • the man whose parenthood has been determined by a court.
  • With parental authority, one or both parents have parental responsibility. With guardianship, a person other than the parent or an institution has parental responsibility. You can have parental authority over a child if you are at least 18 years of age, unless: 

    • you are placed under guardianship; or 
    • you have a mental disorder that prevents you from having parental authority.
  • After a divorce, you will continue to share joint parental authority. Do you not want that? Then you can apply for sole parental authority through a parental authority petition procedure. The judge only assigns sole parental authority if no other solution is available. In parental authority petition procedures: 

    • a lawyer is mandatory; 
    • the judge determines which parent obtains sole parental authority over each child; 
    • the judge always considers what is in the child’s best interests; 
    • if the child over 12 years of age, the judge asks them for their opinion (in Dutch).
    • In the case of joint parental authority: the surviving parent is granted parental authority. 
    • In the case of sole parental authority: the other parent or another person obtains parental authority (e.g. the grandparents or a new partner). This will be determined by the court. 
    • If both parents die, the judge will determine who will become the child’s guardian (non-parent with parental authority). You can designate someone in your will or in the gezagsregister.
  • Parental authority ends when the child reaches the age of 18. You will still have to support the child until they turn 21. 

    In certain cases, the judge will terminate parental authority at the request of the Raad van de Kinderbescherming (Child Care and Protection Board). This can happen if the court finds that you are not in a position to take responsibility to raise and care for your child. A lawyer will get in touch with you, free of charge.

Parental Authority Register

The gezagsregister (Parental Authority Register) contains parental authority decisions. The gezagsregister is public. Anyone can request an extract from the gezagsregister. The steps to obtain one vary from one district court to another. Find out more about this via the parental authority register

Is a child not in the gezagsregister? That means that no ruling has been made on the parental authority over them and that, in principle, one or both parents automatically have parental authority under the law.

Varying parental authority situations

Please note that parental authority situations may differ from the information on rechtspraak.nl if:

  • a child was born abroad or has lived abroad;
  • a judge in the Netherlands or abroad has ruled that someone either has parental authority or ceases to have parental authority.

 

Q&A

How can I obtain parental authority over my child if I am a minor?

Are you the biological mother and 16 or 17 years of age? You can ask the court for a meerderjarigheidsverklaring (declaration of age of majority) (in Dutch) as an underage mother. A minor father cannot apply for parental authority.

How long does the application for joint parental authority take when using the form?

After 2 weeks, you will receive an extract from the gezagsregister at the address where the child is registered. From that moment on, you have joint parental authority of your child.

How much does the application cost when using the form?

If you submit the application online, it is free of charge. If you apply by post, you will have to pay for certain municipal documents.

Legal advice

Would you like personal advice on your situation? Do you need assistance with drafting documents or during the hearing? You have the option at all times to engage the services of a lawyer or other legal advisor.


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