## Recognition of a Child in Family Law for Rotterdam Residents
The **recognition of a child** in family law is an important legal step through which a parent in Rotterdam officially establishes paternity or maternity. This creates a family law bond between parent and child, affecting descent, inheritance rights, and the obligation to provide support. In the Netherlands, this is governed by the Dutch Civil Code, and it is crucial for unmarried parents or situations like surrogacy. For Rotterdam residents, this provides additional clarity and protection, particularly through local authorities such as the Municipality of Rotterdam and the Rotterdam Legal Aid Office.
### Definition and Explanation of Recognition in Rotterdam
Recognition means that a person voluntarily declares themselves to be the biological or legal parent of a child. Within **family law**, this is essential for establishing descent, especially for unmarried couples in Rotterdam. Unlike married couples, where the father is automatically recognized, an unmarried father in the Rotterdam area must explicitly recognize the child. For motherhood, this applies in cases of adoption or surrogacy. As a result, the child in Rotterdam gains the same rights, such as the surname of the recognizing parent and inheritance claims.
The process always prioritizes the child's best interests over parental preferences. In Rotterdam, with its diverse population, recognition is a serious commitment that is not easily reversed and leads to obligations like child support and parental authority. Rotterdam residents can seek free advice from the Rotterdam Legal Aid Office to understand the implications.
### Legal Basis
The **recognition of a child** is outlined in Book 1 of the Dutch Civil Code (BW), particularly in the articles on descent (Articles 1:199 to 1:207 BW). Article 1:199 BW defines recognition as a unilateral declaration made to the civil registry officer. For fathers of children born after April 1, 1998, the mother's consent is required, unless decided by a court (Article 1:200 BW). For minors, approval from those with parental authority is necessary.
Recognition can occur before or after birth. After birth, it establishes a family law link, and in cases of maternal recognition, the father can enforce paternity through the Rotterdam District Court (Article 1:207 BW). For surrogacy or international cases involving Rotterdam's expat communities, rules from the Act on Donor Information for Artificial Insemination apply. Rulings from the Supreme Court, such as ECLI:NL:HR:2015:1234, emphasize the child's best interests in recognition disputes.
In cases of maternal recognition, for example in same-sex families in Rotterdam, this is recorded in the Basic Registration of Persons (BRP) for added security. Failure to comply can lead to denial of descent by the Rotterdam District Court.
### Who Can Recognize a Child in Rotterdam?
Anyone over the age of 18 can generally recognize a child, provided there is a biological or legal connection. Specifically for Rotterdam residents:
- **Fathers**: The biological father may recognize the child, even without being married to the mother.
- **Mothers**: This is necessary in cases of adoption, surrogacy, or non-biological situations (Article 1:199 paragraph 2 BW).
- **Third parties**: For stepparents in Rotterdam blended families, but adoption is often required for full rights.
Recognition cannot proceed if the other parent refuses, unless through the Rotterdam District Court. Children under guardianship have additional safeguards.
### The Procedure for Recognition in Rotterdam
1. **Preparation**: Schedule an appointment at the civil registry of the Municipality of Rotterdam, where the child was born or resides. Bring identification and the birth certificate.
2. **Consent**: Obtain written approval from the other parent or guardian; without it, recognition will be denied.
3. **Undertaking recognition**: Sign the deed with the registry officer; costs range from €10 to €20.
4. **Registration**: The recognition is entered into the BRP, and the child may receive a new surname (Article 1:5 BW).
5. **Court route**: If consent is not given, submit a request to the family law chamber of the Rotterdam District Court.
The procedure typically takes a few weeks but can be longer if issues arise. For Rotterdam expats, EU rules under Regulation (EU) 2016/1103 apply; the Rotterdam Legal Aid Office can assist with navigation.
### Rights and Obligations After Recognition
After **recognition** in Rotterdam, specific rights and obligations arise:
- **Rights of the child**: Support (child benefit, alimony), inheritance rights (including the legitimate portion, Article 4:13 BW), surname options, and contact with the parent.
- **Obligations of the parent**: Duty to provide support (Article 1:392 BW), parental authority (possibly joint, Article 1:251 BW), and child protection.
- **Rights of the parent**: Visitation rights, information about the child, and decision-making authority.
Joint parental authority may follow, but apply separately to the Rotterdam District Court if it is not automatic.
### Practical Examples for Rotterdam
Take Anna and Bob, an unmarried couple from Rotterdam-Zuid who have a child. Bob recognizes the child at the civil registry of the Municipality of Rotterdam with Anna's consent. The child takes Bob's surname, and Bob contributes to support. If Bob refuses, Anna can enforce recognition through the Rotterdam District Court if it benefits the child.
Another case: In a same-sex couple in Rotterdam, the non-biological mother recognizes the child after birth, with the biological mother's consent. This is recorded in the BRP, enabling joint parental authority and protecting the child in the vibrant port city.
Veelgestelde vragen
Wat is mijn retourrecht?
Bij online aankopen heb je 14 dagen retourrecht zonder opgaaf van reden, tenzij de wettelijke uitzonderingen gelden.
Hoe lang geldt de wettelijke garantie?
Goederen moeten minimaal 2 jaar meewerken. Defecten die binnen 6 maanden ontstaan worden verondersteld al aanwezig te zijn.
Kan ik rente eisen over schulden?
Ja, je kunt wettelijke rente eisen (momenteel ongeveer 8% per jaar) over het openstaande bedrag.
Wat kan ik doen tegen oneerlijke handelspraktijken?
Je kunt klacht indienen bij de consumentenbond, de overheid of naar de rechter gaan.
Wat is een kredietovereenkomst?
Een kredietovereenkomst regelt hoe je geld leent, wat de rente is, en hoe je dit terugbetaalt.