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Recognition of child by foreign father

The recognition of a child by a foreign father is part of parentage law. The private international law aspects of parentage are mainly regulated in Book 10 of the Civil Code and the Code of Civil Procedure (Rv):

  • International jurisdiction law is regulated in the Code of Civil Procedure, articles 1-14.
  • The conflict of laws is mainly regulated in Book 10 BW, articles 10:92-99 BW.
  • The recognition of judicial decisions establishing or modifying parentage relations is regulated in Article 10:100 BW. Consider also the bilateral treaties, such as: Dutch-Belgian execution treaty of 28 March 1925 and the Dutch-Italian execution treaty of 17 April 1959.
  • The recognition of legal facts or legal acts concerning family law relations that are recorded in a deed is regulated in Article 10:101 of the Civil Code.
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What our clients say about us

Lawyer Tim de Greve, partner at Stibbe.

I regularly consult the IJI in cases involving private international law aspects. The institute has been around for over 100 years, so it boasts a long history and experience. There are eminent people associated with it. Not the least Mr Strikwerda. The IJI legal counsels think along with you, immediately understand the question you are facing and come up with solutions. They have the right connections at home and abroad to answer questions within a reasonable time. Apart from that, it is very pleasant working with the people of the IJI.

Lawyer mr Channa Samkalden, Prakken d'Oliveira

We have consulted the IJI in several cases. One example is a case brought by some Nigerian farmers against Shell about oil pollution in Nigeria. That case involved the application of Nigerian law by the Dutch courts. And the IJI figured out the framework of tort law in Nigeria for that purpose for us. We used that advice in the proceedings and also submitted it to the court and it showed, for example, that our claimants were also entitled to claim against Shell under Nigerian law. Actually in all those kinds of cases, the IJI is extremely useful because you get a very solid advice on the basis of which you know: do we want to have a number of things investigated further, can that be done by the IJI or should we turn to someone else? But at least you can use this information at an early stage of your proceedings.

Lawyer mr. Ria van Seventer, Meesters aan de Maas Advocaten

Our law firm is based in Rotterdam, a city with more than 170 nationalities, so we regularly have to seek private international law advice from the IJI. For example, I have had to deal with the recognition of a child by an Italian, to which Italian law has to be applied. I don’t speak Italian so I can’t do that myself. I also don’t have access to the sources and the IJI does.

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