Recognition of Co-Mother in Tilburg

Recognition of Co-Mother in Tilburg

Co-mother recognition offers lesbian couples in Tilburg a straightforward way to legally establish the non-biological mother as a parent of the child. This automatically grants parental authority, maintenance obligations, and inheritance rights, just like those of the biological mother. Since April 2019, this process has been simplified through the co-mother provision, subject to strict conditions.

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

In Dutch family law, recognition is essential for establishing legal parentage. Heterosexual couples benefit from automatic paternity, but for lesbian couples in Tilburg, the co-mother must formally recognize the child to become a legal parent. This is faster and easier than adoption.

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

Legal basis for co-mother recognition

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

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

The Co-Mother Provision Act (Stb. 2018, 461) has been in effect since April 1, 2019. In Tilburg, mothers can recognize the child jointly, even from the 13th week of pregnancy. Conditions include:

• Joint household in Tilburg (marriage or partnership not required, but helpful).
• Both declare their intention for joint upbringing.
• No other recognizer or father.

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

Procedure for co-mother recognition at Tilburg Municipality

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

1. Preparation: Visit Tilburg Municipality, possible from week 13 of pregnancy.
2. Birth registration: Biological mother reports the birth; co-mother recognizes immediately.
3. Verification: Officer checks household and intention.
4. Registration: In the Personal Records Database (BRP).

Costs: approximately €10-€20. Joint authority follows automatically, unless intervened by the court.

Comparison: Co-Mother Recognition vs. Paternity Recognition

Rights and obligations after recognition in Tilburg

The co-mother gains:

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

Mothers are equal. In case of separation, the District Court of Zeeland-West-Brabant (Breda) decides on primary residence based on the child's best interests.

Practical examples from Tilburg

Example 1: Lisa and Marie live together in the Oud-Zuid neighborhood, Tilburg. They recognize during pregnancy at Tilburg Municipality. After birth, Marie is listed on the birth certificate as a parent. Separation? Shared authority.

Example 2: Sanne and Kim live separately. No recognition possible; adoption via District Court of Zeeland-West-Brabant takes 6-12 months, costs €1,500+.

Example 3: Biological mother passes away after recognition. Co-mother retains full authority.

Frequently asked questions

Tips for co-mothers in Tilburg

• Recognize early, preferably during pregnancy at Tilburg Municipality for certainty.
• Contact Juridisch Loket Tilburg for free advice: call or visit the city center office.
• Document your joint household (proof of rent/cohabitation).
• In case of issues: Consult a lawyer via District Court of Zeeland-West-Brabant in Breda.