‘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.

• When does my parental authority over a child end? (rijksoverheid.nl, in Dutch)