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Mother's unmarried partner automatically receives parental authority

The bill "Recognition and Custody" was passed this week by the House of Representatives. It abolishes the distinction between married and unmarried parents regarding the consequences of recognition. The mother's unmarried partner automatically receives parental authority if they acknowledge the child. The bill now goes to the Senate.

There are some exceptions to automatic parental authority. For example, if one or both parents are incompetent, the guardian has been assigned parental authority over the child, or the mother and the acknowledging parent declare in a notarial deed or before the registrar that parental authority will be exercised solely by the mother.

Restrict coupling
The Royal Dutch Notary Association (KNB) and the Association of Mediators in the Notary Profession (VMN) recommended limiting the automatic link between recognition and parental authority to couples with a notarial cohabitation agreement. The notary explains the meaning of joint parental authority and checks whether both (future) parents agree to this. This recommendation was not adopted.

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