As the duomoeder, how do I become the legal parent of my partner’s child?

Becoming a legal parent automatically where the sperm donor is anonymous

A duomoeder can become a legal parent automatically when the child is born. For this to happen the mother and the duomoeder must be married or in a registered partnership and the biological father must be an anonymous donor. The meaning of anonymous donor is set out in the Wet donorgegevens kunstmatige bevruchting (Human Fertilisation (Donor Information Act). In these cases it is clear that the father will not be involved in the child’s care and upbringing.

You can establish that the biological father was an anonymous donor using a declaration by the Stichting Donorgegevens Kunstmatige Bevruchting – DKB (Artificial Fertilisation Donor Information Office). You can apply online for the verklaring juridisch ouderschap (legal parenthood declaration) on the donorgegevens.nl website . You should submit this declaration to the registers van de burgerlijke stand (Registrar of Births, Deaths, Marriages and Registered Partnerships) when registering the child’s birth.

Becoming a legal parent as duomoeder where the sperm donor is known

A child’s duomoeder cannot automatically become the legal parent if the child was conceived with sperm from a known donor (such as a friend, acquaintance or family member). In that case the female partner of the birth mother can become the legal parent by adopting the child or acknowledging them at the registers van de burgerlijke stand (Registrar of Births, Deaths, Marriages and Registered Partnerships). If the duomoeder is married to or in a registered partnership with the mother, she can acknowledge the child before the birth. In that case she will be the legal parent from the moment the child is born.

Duomoeder does not get responsibility if the donor acknowledges the child

If the sperm donor is the first person to acknowledge the child before its birth, then only the birth mother will have parental responsibility and her female partner will not. By acknowledging the child, the donor acquires the legal status of father. This makes it impossible for the duomoeder to meet the condition that there is no second parent.

If the two women are not married or in a registered partnership, only the birth mother has parental responsibility. Her female partner can acknowledge the child and after that apply to the court for joint responsibility with the birth mother.