No law for 'multi-parent families'

What does this mean for parents and children?

The government has decided not to make any legal arrangements for families in which children have more than two parental figures. This means that for the time being there will be no specific legislation for situations in which a child is raised by, for example, two biological parents and one or more step- or foster parents. But what does this mean in practice for multi-parent families? And what legal options are there?

What are multi-parent families?

Multi-parent families are families in which a child grows up with more than two parental figures. This can be the case, for example, with a lesbian or gay couple who have a child together with a known donor or surrogate mother, or when a child in a blended family is raised by an additional parent. Currently, Dutch law only recognizes two legal parents per child, which means that other involved caregivers do not automatically receive parental authority.

Why is there no legislation?

In recent years, there has been much discussion about the legal position of multi-parent families. In 2016, the State Commission for the Reassessment of Parenthood advised creating a legal arrangement whereby a child could have up to four legal parents. This would have consequences for parental authority, inheritance and alimony, among other things. However, the government has now decided not to implement this. According to Minister Weerwind (Legal Protection), it is too complex to introduce such a arrangement. In addition, a financial factor also plays a role: there is simply no budget available at the moment to implement the necessary changes to the law and to adequately regulate the consequences thereof.

Inequality and legal certainty

Experts believe that a legal arrangement can offer children and educators more legal certainty and legal equality. This is important, for example, in medical treatments, where non-legal parents are currently not allowed to make decisions, but also in inheritance law issues. The Council for the Administration of Criminal Justice and Youth Protection (RSJ) states that the current legal situation does not correspond to the daily lives of parents and children. This can lead to legal and socio-emotional obstacles for both parents and children in multi-parent families.

What does this mean for multi-parent families?

Since no new legislation is being introduced, multi-parent families will continue to rely on existing legal structures such as:

• Applying for parental authority: A parent can request joint custody through the court (as the partner of the parent with custody).
• Arranging a will and guardianship: Parents can specify in a will who will care for the child in the event of death and from whom the child will inherit.
• Cohabitation contract or parenting plan: Agreements can be made here regarding upbringing, financial matters and visitation arrangements.

What next?

Although the government is not introducing legislation at this time, the discussion about multiple parenthood continues. More and more families are confronted with these challenges in practice. For parents who want clarity about their rights and obligations, legal advice remains essential.

Do you have questions about your legal position within a multi-parent family? Please contact our office. We will be happy to advise you on the possibilities and solutions within the current legislation.