As of January 1, 2023, the law linking custody to recognition is in effect. This law provides that the unmarried or unregistered parent who recognizes the child will also automatically receive custody of the child, provided the other conditions are met. <\/p>\n
What does it mean to have authority?<\/p>\n
If a parent has custody of a child, that parent may represent the child. If parents have joint custody, they must also make custody decisions together. For example, they decide together which school the child goes to. <\/p>\n
Old regime of custody and recognition<\/p>\n
Until Jan. 1, 2023, custody was not automatically settled upon recognition. The parent from whom the child was not born had to acknowledge the child to the registrar of births, deaths and marriages. Recognition made the acknowledger the legal parent of the child. In addition, the parents had to register joint custody of the child in the custody register. <\/p>\n
In practice, it turned out that many people knew that the other parent had to acknowledge the child, but the entry in the custody register was forgotten. If the parents then separated, it turned out that the other parent did not have custody of the child. If the birth mother did not agree to joint custody, the acknowledger had to ask the court for joint custody. With more and more children being born outside of marriage\/registered partnership, and custody for a married\/registered parent already arising automatically at birth (and maintained after divorce), the legislature felt it necessary to intervene. <\/p>\n
Child born after Jan. 1, 2023<\/p>\n
Thus, the new law ensures that it is no longer necessary to have joint custody signed separately. The law applies to children born after Jan. 1, 2023. <\/p>\n
Exceptions linking authority to recognition<\/p>\n
The law makes several exceptions to linking custody to recognition. Joint custody does not automatically arise if: <\/p>\n
Not the birth mother, but a guardian has custody of the child;
\n No one exercises custody. This is the case, for example, if the birth mother is a minor. She then has no authority under the law and for that reason no joint custody can arise. However, it is possible for the recognizer to apply for custody through the court;
\n The recognizer has previously exercised custody of the child, but this custody has ended. This is the case, for example, if the court awarded custody to the birth mother and her partner, this custody was later terminated by the court and the partner is now going to recognize the child;
\n The parent with custody exercises custody with a person other than a parent. In fact, there can only be a maximum of two people in charge of custody of a child.
\n Recognition takes place after obtaining substitute consent from the court. However, it is possible to also request joint custody in the proceedings in which the recognizer applies for substitute consent; <\/p>\n
Finally, joint custody does not occur if the birth mother and the recognizer jointly declare at the time of recognition that they do not wish to exercise joint custody.<\/p>\n
Conclusion<\/p>\n
Is a child born after January 1, 2023 recognized? Then, in principle, the recognizer also automatically has custody of the child. <\/p>\n
Published January 6, 2023<\/p>\n","protected":false},"excerpt":{"rendered":"","protected":false},"author":0,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"inline_featured_image":false,"footnotes":""},"categories":[30,177],"tags":[178],"class_list":["post-5680","post","type-post","status-publish","format-standard","hentry","category-article","category-law-of-persons-and-family-law","tag-breaking-society"],"acf":[],"yoast_head":"\n