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Lesbian mothers can be legal parents without court intervention

Press release | 14-08-2008

In the near future, the mother's female partner may apply to become the legal parent of the child born within their relationship, allowing her to obtain legal parenthood without any intervention by the court.

Under current legislation, they still require the court's approval since the female partner of the mother can only become a parent through adoption. This is evident from the letters Justice Minister Ernst Hirsch Ballin submitted to the Lower House of Parliament.

The Government has decided to implement the basic ideas of the recommendations made by the Kalsbeek Committee on parenting for same-sex couples. One important consideration has been that 'over the years, thinking about the legal parenthood has evolved from a legal concept that focuses entirely on a biological relationship - think of the time-worn 'legitimation' - to a wider-ranging arrangement that involves more than just the biological parents who are willing to accept legal parenthood'.

The Government's decision will be worked out in more detail in a legislative proposal that is based on the best interests of the child. The Cabinet will also focus its attention on the position of the biological father who has a family life with the child and the child's right to information about his or her origin.

Parenthood will additionally be possible for married or registered lesbian couples who use an 'unknown' donor within the meaning of the Dutch Artificial Insemination (Donor Information) Act because this does not involve family life between the biological father and the child that needs protection. Under certain conditions, the child will also be able to obtain information about his or her origin.

Furthermore, the Government has decided to continue with the legislative proposal on shortening the adoption procedure that has been submitted to the Upper House of Parliament. Given the time required for the new legislation, the Cabinet considers it desirable to introduce an arrangement for lesbian couples. The debate on the existing adoption proposal will therefore be continued with due diligence.