Annulling a duomoeder’s maternity

It is possible to annul the maternity of a duomoeder (the female partner of the birth mother), by making an application to the district court. This application can be made by the mother, the duomoeder or the child. The judge can then annul the maternity.

Last updated on 14 October 2021

Cases in which annulment of maternity is not possible

The mother or duomoeder cannot make an application to annul maternity if:

  • the duomoeder knew about the pregnancy before the marriage or registered partnership;
  • the duomoeder agreed to the artificial donor fertilisation.

Applying to the court to annul maternity

Applications for annulment of maternity are made to the district court. You will need a lawyer to do this on your behalf.

The mother or duomoder can make an application to the district court up to 1 year after the birth of the child.

A child can apply to the district court from their 18th birthday, and up until 3 years after that, to annul the maternity if they feel that the duomoeder had no role in their care and upbringing.

Applying to the municipality to annul maternity

The biological mother can make an application to the municipality to annul the maternity of the duomoeder if the mother and duomoeder have lived apart (been legally separated) since the artificial donor fertilisation.

Laws and regulations (in Dutch)

Dutch Civil Code, Book 1, Section 2a

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