Family law matters

Establishment and denial of paternity

If a child is born during a marriage or registered partnership, the child’s mother is the legal mother and, as her husband or registered partner, you are the legal father—even if you are not the biological father. If you are also the child’s biological father, no further action is required to establish paternity.

If a child is born outside a marriage or registered partnership, the child has only a legal mother. In that situation, you may wish to assert your rights as a father.

If you are not the biological father but are regarded by law as the child’s legal father, you may also seek to deny paternity.

Appointment of curator, administrator or guardian

It may happen that, for a variety of reasons, an adult is considered unable—either fully or in part—to properly safeguard their interests. In such cases, Dutch law provides measures such as guardianship (curatele), protective administration (bewind) and mentorship (mentorschap). These measures are intended to protect the person concerned from others who may take advantage of the situation, but also to protect and support the person themselves—for example, where someone spends money they do not have. The imposition of one of these measures makes the person concerned (partly) legally incapable. Guardianship, protective administration and mentorship differ significantly in scope and in their impact on the adult.

Custody and access 

Every child has a father and a mother. If a child is born during a marriage, the parents automatically have joint parental authority. If a child is born outside a formalised relationship (i.e., not within a marriage or registered partnership), the mother alone automatically has parental authority. Joint parental authority can be established at the request of both parents, but the mother’s cooperation is always required. If the father does not obtain that cooperation, he may, on the basis of Dutch law and case law, ask the court to grant him parental authority jointly with the mother.

Child protection

If a child’s development (mental or physical) is seriously threatened, the court can impose various child protection measures. This enables the State to intervene. The court may:

1. decide to impose a supervision order;
2. grant an authorisation for out-of-home placement;
3. remove or terminate one parent’s (or both parents’) parental authority.

Adoption

Recent legislative changes have broadened the possibilities for adoption in recent years. For example, you can adopt a child from the Netherlands or from abroad; as a step-parent you may be able to adopt; and adoption may be possible following a surrogacy trajectory.

By adopting a child, you become the child’s legal parent, with all the rights and obligations that entails. It is therefore important to understand your legal position and to seek advice on the possibilities and limitations of adoption, within a complex framework of specific rules and requirements.

Surnames

As a resident of the Netherlands, you have a name consisting of a first name and a surname. But what if, for certain reasons, you can no longer—or do not wish to—continue through life with the name you carry? In that case, you may apply to change your first name or surname later in life. Dutch law provides (limited) possibilities for doing so.

It may also happen that your name was recorded incorrectly in the civil registry at the time of birth registration. In that case, a correction may also be possible.