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Useful information --> Acknowledging the baby

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ACKNOWLEDGE YOUR CHILD IN TIME

If you are not married and you are the (future) father of a child, you can acknowledge it. Whether or not you are the biological father of the child is not important. However, the mother is required to agree to the acknowledgement. The acknowledgement is done by deed, which can be drawn up by your local council or by a notary. Acknowledging the child may be important for the right of inheritance, nationality, determining parental access and/or parental guidance.

You can acknowledge the child before (acknowledging the foetus) or after birth.

Advantages of acknowledging the child before birth (as a foetus)
It is wise to acknowledge the child before birth. This is possible from the moment that your partner becomes pregnant. Acknowledging the child before birth has certain definite advantages. From the moment of acknowledgement it is clear who the parents are and you can determine right then which surname the child will get. It is important to note that only the child from the present pregnancy is acknowledged by this procedure.

The following article is important for every Dutchman who gets a child by a non-Dutch wife (to whom he is not married).

A new law on Dutch citizenship was passed in April 2003. This means that, among other things, your child after acknowledgment (after birth) no longer automatically has the Dutch nationality. Many people seem not to know this, which means that they will have a lot of problems and extra expenses afterwards.

We will give you an example: Sarah has Surinam nationality. She and Willem have been living together for years in the Netherlands. Willem has the Dutch nationality. They are expecting a baby. Willem wonders which nationality their baby will get. Because Willem and Sarah are not married, Willem will not automatically be the child's (legal) father. Willem must acknowledge his child first and Sarah must agree.

You can acknowledge the child at various moments. You can acknowledge a foetus before birth or the child after birth. You can do this at your local council or at a notary.

Advantages of acknowledging the unborn child
It is wise to acknowledge the unborn child. This can be done from the moment that your partner is pregnant and it has certain advantages. From the moment of acknowledging the (unborn) child it is clear who the parents are and the child gets the Dutch nationality at birth. For example, for Willem and Sarah the following applies:

  • Willem is the father from the moment of birth. The child can immediately get his surname.
  • Also it is clear who the parents are in case something happens to either Sarah or Willem.
  • Their child has the Dutch nationality from the moment of birth.

Disadvantages of acknowledging the child after birth
If a child is not acknowledged until after birth, it will not, according to the new law on Dutch citizenship, automatically have the Dutch nationality. For Willem and Sarah the following then applies:

  • If Willem acknowledges his child after birth, his child will not have the Dutch nationality, but only the Surinam nationality.
  • The child is then a foreigner and a residence permit will have to be obtained.

If you child has not been acknowledged in time, it is advisable to discuss the various possibilities with the civil servant at the registry office for births. For example, you can choose to have a judge determine parentage (instead of acknowledging the child). In that case the child will have the Dutch nationality from the moment of birth.

If you do not acknowledge your child before birth, arranging Dutch nationality will cost you hundreds of euros (for instance for putting in a request for a residence permit, or having a court determine parentage). Therefore, if you want to acknowledge your child it is of great importance to do that before birth.

For further information you can go to the registry office at your local council and/or the Communication department of the Register Amsterdam,
telephone number : 020-14020