Recognition of Co-Mother in Rotterdam

Recognition of Co-Mother in Rotterdam

Co-mother recognition is the legal step by which the non-biological mother in a lesbian couple in Rotterdam officially recognizes the child as her own. This grants her immediate parental authority, maintenance obligation, and inheritance rights, just like the biological mother. Since 2019, the co-mother provision has simplified this process under strict conditions, ideal for couples in Rotterdam.

What does co-mother recognition entail?

Under Dutch family law, recognition is essential for establishing legal parentage. For heterosexual couples, this often applies automatically to the father, but for lesbian couples in Rotterdam, the co-mother (non-birthing mother) must recognize the child to become a full legal parent. This is simpler and faster than adoption.

Through recognition, the co-mother gains all parental rights, such as access to information about the child, decision-making authority, and inheritance rights. Without recognition, she remains legally an outsider, with only indirect contact via the biological mother.

Legal basis for co-mother recognition

The rules are set out in Civil Code Book 1 (CC Book 1). Relevant articles:

• Article 1:199 CC: Basic rules on recognition.
• Article 1:207(2) CC: Specific to the co-mother.
• Article 1:253a CC: 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 been in effect since 1 April 2019. The co-mother can recognize the child together with the biological mother, even during pregnancy. Conditions in Rotterdam:

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

Previously, adoption was required, which was time-consuming and expensive.

Procedure for co-mother recognition in Rotterdam

Recognition is handled by the civil registry officer at the Municipality of Rotterdam, where the child is born or resides. Steps:

1. Preparation: Both mothers contact the Municipality of Rotterdam, possible from week 13 of pregnancy.
2. Registration: Biological mother registers the birth; co-mother recognizes immediately after.
3. Verification: Officer checks conditions (household, intention).
4. Recording: Entered in the Personal Records Database (BRP).

Costs: approximately €10-€20. Joint parental authority follows automatically, unless intervened by the Rotterdam District Court.

Comparison: Co-Mother Recognition vs. Traditional Recognition

Rights and obligations after recognition

After recognition in Rotterdam, the co-mother has:

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

The mothers are equal. In case of separation, primary residence applies; the Rotterdam District Court may intervene.

Practical examples from Rotterdam

Example 1: Lisa (biological mother) and Marie (co-mother) live together in Rotterdam-Feijenoord. They recognize during pregnancy at the Municipality of Rotterdam. After birth, Marie is on the birth certificate. Separation? Joint authority remains.

Example 2: Sanne and Kim in Rotterdam-Kralingen live separately, no marriage. Kim cannot recognize; adoption via Rotterdam District Court takes 6-12 months, costs €1,500+.

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

Frequently asked questions

Tips for mothers in Rotterdam

• Recognize early, preferably during pregnancy, via the Municipality of Rotterdam.
• Seek free advice from the Rotterdam Legal Aid Office.
• Document your joint household for a smooth process.
• In case of issues: Rotterdam District Court or Legal Aid Office.