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Family

Of course people without residence permit can have family life. Life events can, most of the time, be registered even if you don’t have a residence permit. But you will need other documentation about your identity.

4Birth certificate
Every child who is born in the Netherlands has to be registered within three days at the municipal authorities of the city where the child is born; this is called ‘registration of a birth’.1 The father or mother are obliged to register the child. If this is not possible, any person who has been present at the delivery can register the child, under condition that this person has legal residence. The midwife can register the birth as well.

The mother should have some proof of her identity. If the mother has no legal residence, the municipal authorities should send the documents to the magistrate, so that he can issue a birth certificate.2

The authorities consider it essential that a birth certificate is issued for every child born in the Netherlands. This also applies to parents without a residence permit.

Acknowledgement of the child by the parent

The mother is always mentioned on the birth certificate; the father can be mentioned on this document as well providing he has acknowledged the child.

If the parents are married, the father has automatically acknowledged the child. If the parents are not married, the father can acknowledge the child, before birth or at a later age. Acknowledgement can be registered with the notary or with the municipal authorities. To acknowledge the child, the identity of both parents has to be established. Therefore both partners should bring their passports, authenticated birth certificates and their marriage certificate or single status declaration. If the father acknowledges the child, he will become responsible for the child, for example financially. He will then automatically also have custody. The parent who has custody can make decisions on behalf of the child. If two parents have custody, they both have a say in decisions on behalf of the child.

It is possible to deny paternity if the father is married but he was not aware of the pregnancy or the mother hided the biological father.3  It is also possible to acknowledge parenty but to deny custody. This has to be done at the moment of registration of birth.4

Nationality of the child born in the Netherlands

A child who is born in the Netherlands is not automatically granted Dutch nationality. The child’s nationality will depend on the citizenship regulations in the countries of origin of both parents. In most cases a child will be given the mother’s nationality. Generally speaking the child will have the father’s nationality as well if the parents are married or if the father has acknowledged the child. If the father is Dutch the child will be granted the Dutch nationality if he acknowledges the child before it is 7 years of age. A biological father can also later acknowledge the child and pass on the Dutch nationality as long as his child is a minor.5

Residence permit for child born in the Netherlands

If one of the parents, who has acknowledged the child, has a residence permit, the child can be issued a residence permit with this parent. The application for the residence permit should be lodged with the IND. Make sure the child has its own passport first.

Welfare institutions provide various easily accessible activities for help and support with parenting, such as home start, opvoedbureau [office for help with parenting], and school welfare institutions. Every municipality has a ‘centrum Jeugd en Gezin’ (CJG, centre for Youth and Families). The CJG can help you if you (or one of your children) have simple questions about parenting. If there are problems with parenting you can contact Bureau Jeugdzorg [office for child and adolescent welfare]. They are there for everyone who has problems with children, parents or family; they are also accessible to friends, neighbours and teachers. If necessary Bureau Jeugdzorg brings in help and provides information, advice, support and protection to children and adolescents.

All these institutions are accessible to documented and undocumented people alike.

Marriage Even migrants without residence permits can get married in the Netherlands. For this purpose each of the partners needs a valid passport, an authenticated birth certificate and a recent authenticated single status declaration, in dutch, english, french or german language.1  If you cannot obtain a birth certificate, it is also possible to make an affidavit to the registrar about your descendancy.2  The local civil servants of the Register Office and the magistrate decide whether this is possible. If the civil servant refuses to co-operate, you can lodge a request for a statement with the Court. You register your planned marriage with the municipal authorities where you want to marry. If both partners don’t live in the Netherlands, but one is Dutch, you have to register with the municipality of The Hague first.3  The municipal authorities are obliged to check whether this is a marriage of convenience, which is a marriage contracted for the sole reason of obtaining a residence permit in the Netherlands.4   The municipal authorities can ask the police for information, but only in case of suspected marriage of convenience. Note: a marriage in the Netherlands doesn’t give you a residence permit. For a residence permit with a partner, you always have to fulfill the criteria, most importantly the requirement to apply from your country of origin and do the integration test. Divorce Divorce in the Netherlands is possible if both married partners currently live in the Netherlands or did live there at one time.5  If the other partner has not lived in the Netherlands before, the applicant has to have lived in the Netherlands for 12 months. The partner needs to be informed. You will need a lawyer in order to obtain a divorce.