Which bill should the Senate pass?
On 24 November 2020, the Dutch House of Representatives adopted a bill to amend Book 1 of the Civil Code and the Basic Registration Act so that recognition automatically creates parental authority. The Upper House still has to give its approval. What will change in parental authority for cohabiting partners if the Bill(Parliamentary Papers 34.605) is passed by the Senate?
Recognition
The mother from whom a child is born is the legal parent. She recognises the child without having to do anything. This is the case now and will not change with the bill after its approval by the Senate. The mother's partner can recognise the child with the mother's consent or with the judge's substitute consent. The partner then also becomes the legal parent. A legal parent is responsible for the maintenance of the child, receives the child as an heir, could give the child his or her last name and can pass on the Dutch nationality to the child.
Parental authority
Acknowledgement is different from parental authority. The person with parental authority looks after and raises the child, bears the costs (of living expenses), manages the assets of the minor child and can act as the legal representative. The type of relationship the mother has with her partner now determines whether her partner will also have parental authority after acknowledgement by the partner. If the mother is married or in a registered partnership, the mother automatically has parental authority together with the partner to whom she is married or in a registered partnership. This does not apply to cohabitants. They can, however, jointly request the court to also charge the acknowledger with the custody. Cohabitants therefore have to take an extra step compared to married or registered partners. This extra step will no longer be necessary if the bill passes the Senate.
Consequences for cohabitants
The government considers it important for the child that parents exercise joint parental authority and this should be easily accessible. The bill entails that the mother and her partner exercise joint parental authority from the moment of birth if the child is acknowledged before birth. In case the recognition takes place after birth, the joint parental authority arises from the moment of recognition. This will apply to parents who have arranged for the recognition after the introduction of the law. Cohabitants can choose to leave the parental authority with the mother alone.
If the mother does not consent to the recognition, then - as is also possible now - a request for substitute consent can be submitted to the court. If the acknowledger also wishes to be entrusted with parental authority, then the acknowledger must explicitly submit a request to the court.