Children and the Law in The Netherlands
A comparative introduction
(Second edition)
Ido Weijers
Introduction…………………………………………………………….……………………………...2
Chapter 1 Family Law ……………………………………………………………………………….2
Chapter 2 Education Law …………………………………………………………………….…......6
Chapter 3 Medical Treatment ……………………………………………………………….……...8
Chapter 4 Youth Care ……………………………………………………………………………...11
Chapter 5 Child Protection………………………………………………………………………....14
Chapter 6 Juvenile Justice………………………………………………………………………....18
, Introduction
Around 1900, rapid industrialisation and urbanisation. Calls at national and international level for
states to take action to protect children. Active call for government intervention ‘in the best interest of
the child’ resulted in compulsory education (Leerplicht) in 1900 and in 1901 adoption of the
Children’s Laws (Kinderwetten). This trend was international and began with the adoption of the
European Convention on Human Rights in 1950, gained significance later when European Court of
Human Rights started to become influential through its rulings.
Convention on the Rights of the Child (CRC) by the UN in 1989. Four general principles:
1. All children should enjoy equal enjoyment of their rights
2. Best interest of the child primary consideration
3. Right to life, survival and development
4. Right to express views and participate in decisions that affect them (age and capabilities)
The Netherlands has to write a report every 5 years on every law and policy that has been developed
in relation to children’s rights. This is discussed by Committee on the Rights of the CHild (CRC), it
is customary to discuss a shadow report issued by non-governmental organisations such as Amnesty
and Defence for Children, who have joined forces to form the Children’s Right Collective
(Kinderrechtencollectief). Based on this, the Committee makes recommendations.
Ombudsman for Children (Kinderombudsman) was one of these recommendations. He monitors
whether the children’s rights contained in the Convention are adhered to. Offers help to juveniles who
believe their rights have been violated. He provides advice and examines structural problems of
children (poverty for example). NL has an Ombudsman since 2011.
Within the Eurpean Network there are currently 40 Ombudsmen for Children.
Chapter 1 Family Law
Legal parentage (afstammingsrecht) regulates the familial relationship between parents and
children. Recently a State Commission recommended to the Government to allow parenthood for
three or four parents.
Until recently the principle of biological parenthood was used. Since 2014, this is partly abandoned in
the Netherlands. Since then, 2 mothers can be considered as parents of the child. Maternity by birh
still counts as a pillar of legal parenthood.
Mother by birth: all rights and obligations. Dutch law does not make a distinction with regards to the
relational situation of the birth mother, whether she was married at the time of birth. Also relevant is
the fact that mutual agreements (example: surrogacy) have no legal status. A surrogate mother is
considered the legal mother. The commissioning mother (wensmoeder) can only be recognized as a
legal mother through the route of adoption.
Parenthood by operation of the law (van rechtswege): Dutch law recognizes paternity by
marriage. Whether another man or a donor was involved in the conception is irrelevant in the law. If
the child is born before both partners are married or entered into a registered partnership, the man is
not automatically the legal father, he has to acknowledge the child.
Since 2014, automatic legal maternity is now possible for the second mother under two conditions:
1. Co-mother must be in a formal relationship (marriage or registered partnership) at the time of
the birth.
2. The child must have been conceived through artificial insemination using an anonymous
donor.
Parenthood through acknowledgement (erkenning): Acknowledgement becomes effective when
the man declares hit intent to be the legal father of the child at the registry if the local municipality.
2
A comparative introduction
(Second edition)
Ido Weijers
Introduction…………………………………………………………….……………………………...2
Chapter 1 Family Law ……………………………………………………………………………….2
Chapter 2 Education Law …………………………………………………………………….…......6
Chapter 3 Medical Treatment ……………………………………………………………….……...8
Chapter 4 Youth Care ……………………………………………………………………………...11
Chapter 5 Child Protection………………………………………………………………………....14
Chapter 6 Juvenile Justice………………………………………………………………………....18
, Introduction
Around 1900, rapid industrialisation and urbanisation. Calls at national and international level for
states to take action to protect children. Active call for government intervention ‘in the best interest of
the child’ resulted in compulsory education (Leerplicht) in 1900 and in 1901 adoption of the
Children’s Laws (Kinderwetten). This trend was international and began with the adoption of the
European Convention on Human Rights in 1950, gained significance later when European Court of
Human Rights started to become influential through its rulings.
Convention on the Rights of the Child (CRC) by the UN in 1989. Four general principles:
1. All children should enjoy equal enjoyment of their rights
2. Best interest of the child primary consideration
3. Right to life, survival and development
4. Right to express views and participate in decisions that affect them (age and capabilities)
The Netherlands has to write a report every 5 years on every law and policy that has been developed
in relation to children’s rights. This is discussed by Committee on the Rights of the CHild (CRC), it
is customary to discuss a shadow report issued by non-governmental organisations such as Amnesty
and Defence for Children, who have joined forces to form the Children’s Right Collective
(Kinderrechtencollectief). Based on this, the Committee makes recommendations.
Ombudsman for Children (Kinderombudsman) was one of these recommendations. He monitors
whether the children’s rights contained in the Convention are adhered to. Offers help to juveniles who
believe their rights have been violated. He provides advice and examines structural problems of
children (poverty for example). NL has an Ombudsman since 2011.
Within the Eurpean Network there are currently 40 Ombudsmen for Children.
Chapter 1 Family Law
Legal parentage (afstammingsrecht) regulates the familial relationship between parents and
children. Recently a State Commission recommended to the Government to allow parenthood for
three or four parents.
Until recently the principle of biological parenthood was used. Since 2014, this is partly abandoned in
the Netherlands. Since then, 2 mothers can be considered as parents of the child. Maternity by birh
still counts as a pillar of legal parenthood.
Mother by birth: all rights and obligations. Dutch law does not make a distinction with regards to the
relational situation of the birth mother, whether she was married at the time of birth. Also relevant is
the fact that mutual agreements (example: surrogacy) have no legal status. A surrogate mother is
considered the legal mother. The commissioning mother (wensmoeder) can only be recognized as a
legal mother through the route of adoption.
Parenthood by operation of the law (van rechtswege): Dutch law recognizes paternity by
marriage. Whether another man or a donor was involved in the conception is irrelevant in the law. If
the child is born before both partners are married or entered into a registered partnership, the man is
not automatically the legal father, he has to acknowledge the child.
Since 2014, automatic legal maternity is now possible for the second mother under two conditions:
1. Co-mother must be in a formal relationship (marriage or registered partnership) at the time of
the birth.
2. The child must have been conceived through artificial insemination using an anonymous
donor.
Parenthood through acknowledgement (erkenning): Acknowledgement becomes effective when
the man declares hit intent to be the legal father of the child at the registry if the local municipality.
2
