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 |