Co-Mother Recognition in Amsterdam

Co-Mother Recognition in Amsterdam

Co-mother recognition enables the non-biological mother in a lesbian couple in Amsterdam to legally recognize the child as her own. This automatically grants parental authority, maintenance obligations, and inheritance rights, just like the biological mother. Since 2019, this process has been simplified with the co-mother provision, under strict conditions.

What does co-mother recognition mean for parents in Amsterdam?

Under Dutch family law, recognition is essential for establishing legal parentage. For heterosexual couples, paternity arises automatically through conception, but for lesbian couples in Amsterdam, the co-mother must recognize the child to become a full legal parent. This is easier and faster than adoption.

Through recognition, the co-mother acquires all parental rights, including access to information, decision-making authority, and inheritance rights. Without recognition, she remains a legal outsider, with only indirect contact via the biological mother.

Legal basis for co-mother recognition

The rules are set out in Dutch Civil Code Book 1 (DCC Book 1), with key provisions such as:

• Article 1:199 DCC: Basic rules on recognition.
• Article 1:207(2) DCC: Specific to the co-mother.
• Article 1:253a DCC: Joint parental authority following recognition.

The Act of 6 December 2018 (Bulletin of Acts and Decrees 2018, 461), known as the 'co-mother provision', has applied since 1 April 2019. The co-mother can recognize the child together with the biological mother, even during pregnancy. Conditions in Amsterdam:

• The mothers maintain a joint household (marriage or partnership not required, but helpful).
• Both declare their intention to raise the child jointly.
• No other father or recognizer.

Previously, adoption via the Amsterdam District Court was required, which was time-consuming and expensive.

Procedure for co-mother recognition at the Municipality of Amsterdam

Recognition is handled by the civil registry officer at the Municipality of Amsterdam, at the place of birth or residence. Steps for couples in Amsterdam:

1. Preparation: Visit the city hall from the 13th week of pregnancy.
2. Registration: Biological mother reports the birth; co-mother recognizes immediately.
3. Verification: Officer checks the joint household and intent.
4. Recording: Entered in the Personal Records Database (BRP).

Costs: approximately €10-€20. Joint parental authority follows automatically, unless decided otherwise by the Amsterdam District Court.

Comparison: Co-Mother Recognition vs. Traditional Paternity Recognition

Rights and obligations after recognition in Amsterdam

After recognition, the co-mother has:

• Rights: Joint authority (art. 1:251 DCC), contact rights, information access, and inheritance rights.
• Obligations: Maintenance (art. 1:392 DCC), care, and upbringing.

The mothers are equal. In case of separation, the principal residence applies, with possible intervention by the Amsterdam District Court.

Practical examples from Amsterdam

Example 1: Lisa and Marie, living in the Jordaan (Amsterdam), recognize during pregnancy at the Municipality of Amsterdam. Marie is listed as co-parent on the birth certificate. Separation? Shared authority.

Example 2: Sanne and Kim, no joint household in Amsterdam. No recognition; adoption via Amsterdam District Court takes 6-12 months, costs €1,500+.

Example 3: Biological mother passes away after recognition. Co-mother retains authority in Amsterdam, no adoption needed.

Frequently asked questions about co-mother recognition in Amsterdam

Tips for co-mothers in Amsterdam

• Recognize early, e.g., from week 13 at the Municipality of Amsterdam.
• Consult the Amsterdam Legal Aid Office for free advice.
• In case of issues: Amsterdam District Court or Legal Aid Office.
• Document the joint household thoroughly.