Meeting Stakeholder Needs in 21st Century Special Collections

The advice of the Government Committee on the Reassessment of Parenthood Mr. J. van der Hoeven Mr. W.J. Eusman The advice of the Government Committee on the Reassessment of Parenthood ISFL World Conference July 27th 2017

The advice of the Government Committee on the Reassessment of Parenthood ISFL World Conference July 27th 2017

Government reaction to the 68 recommendations Conference on main recommendations Introduction multi-parenthood & multi-parenting - Regulate surrogacy - Place of the child in legal proceedings - Registration of the Origin Story of children - Registration of custodial rights Meetings with children How to hear children in legal proceedings? What is important for good enough parenting? Quickscan of costs involved The advice of the Government Committee on the Reassessment of Parenthood ISFL World Conference July 27th 2017

Legal emancipation of same sex families 1998 Acces to shared custody Registered partnership 2009 Intercountry adoption Marriage Domestic adoption Automatic parenthood for co-mothers 2001 2014 The advice of the Government Committee on the Reassessment of Parenthood ISFL World Conference July 27th 2017

Position of donor children 1998 Acces to shared parental responsibilities Registered partnership 2009 Intercountry adoption Marriage Domestic adoption Donorregistration Donor known to child from 16 years + Automatic parentage for co-mothers 2001 2014 2004 The advice of the Government Committee on the Reassessment of Parenthood ISFL World Conference July 27th 2017

Assignment Committee To reassess the laws on parenthood The desirability of a law on multi-parenthood and multi-parent custody The desirability of a law on surrogacy The advice of the Government Committee on the Reassessment of Parenthood ISFL World Conference July 27th 2017

The advice of the Government Committee on the Reassessment of Parenthood ISFL World Conference July 27th 2017

Starting points Best interest of the child Seven core elements of good parenting 1. Unconditional personal commitment 2. Continuity in the child-rearing relationship 3. Care for bodily welfare 4. Raising to independence, and social and societal participation 5. Organising/monitoring the upbringing in the family, the school & the public setting 6. Creation of a parent-child identity 7. Ensuring contact moments with persons who are important to the child, including the other parent. The advice of the Government Committee on the Reassessment of Parenthood ISFL World Conference July 27th 2017

Starting points Best interest of the child Seven core elements of good parenting Role of the State o No place for a state-moral or general ethics on family form o Need for protection and respect for the rights and interests of the child (and other weaker parties) o Equal protection for all children, regardless of family form The advice of the Government Committee on the Reassessment of Parenthood ISFL World Conference July 27th 2017

Reccuring questions What value needs to be attached to the genetic relationship between parents and children? In what way should children be ensured access to their origin story? Should everything that is technologically possible or what parents desire be allowed? If not, what are the limits and why are they there? How is the State able to deal with the fact that children are being raised in certain situations over which no or very little scientific information is available? What is the importance of the fact that certain family forms or methods to become a parent only occur to a limited extent? In what ways can children be involved in questions regarding parentage or custody? How relevant or decisive is the fact that the parent-child relationship or custodial relationship is recognised abroad? The advice of the Government Committee on the Reassessment of Parenthood ISFL World Conference July 27th 2017

Wish to read (the main chapter of) the advice? Download: www.government.nl/documents/reports/2016/12/07/child-and-parent- in-the-21ste-century Or send an email to: herijkingouderschap@minvenj.nl The advice of the Government Committee on the Reassessment of Parenthood ISFL World Conference July 27th 2017

Multi parenthood From: All children have a right to equal protection and as far as possible an equal position regardless of the family situation in which they are being raised. Genetic parentage between a parent and a child, and the intention to parent should form equal fundamental bases to hold someone responsible for a child. Existence of families up to four adults and children, e.g. a female couple and a male couple, a woman in her late 30s and a male couple share the upbringing of their mutual child. To: Introduce a statutory regulation of legal multi parenthood and multi parent custody. On strict conditions. The advice of the Government Committee on the Reassessment of Parenthood ISFL World Conference July 27th 2017

Multi parenthood on the following conditions A multi-parenthood contract is accessible to the birth mother, the genetic parents and the life-companions of these people; The framework should be accessible to a maximum of four adults, spread across a maximum of two households. The advice of the Government Committee on the Reassessment of Parenthood ISFL World Conference July 27th 2017

Multi parenthood routing The aspirant multi-parents draft a multi-parenthood contract; Which must be assessed by the court; Any future children will require a new contract and a new judicial assessment; A guardian ad litem will be appointed by the court, in order to put forward the child s point of view and safeguard his or her best interests; The origin story of the child needs to be registered in a Origin Story Register After the court approval of the multi-parenthood contract and pregnancy is successful, a request to the civil registrar for deeds of acceptance of parenthood; The legal shaping of the multi-parenthood will all need to be finished at the latest upon the birth of the child; On the child s birth certificate up to four parents are listed. The advice of the Government Committee on the Reassessment of Parenthood ISFL World Conference July 27th 2017

Court decree compulsary for multi parenthood The court is able to assess the best interest of the future child and place these in the decision making-process; and the role with respect to the assessment of parental plans in divorce proceedings; The role the court has with respect to the protection of weaker parties A judicial assessment could improve the acceptance of the legal multi parenthood abroad; More transparence because judicial assessment are published. The advice of the Government Committee on the Reassessment of Parenthood ISFL World Conference July 27th 2017

Multi parenthood agreement The division of the care and upbringing; A determination of the main place of residence of the child; The division of the financial obligations; The surname the child is to have; The manner in which the child will be informed of his or her origin story; How to deal with possible disputes that may arise in the context of the multi-parenthood contract, as well with amendments to the agreements; Indication how they intend to deal with the possibility that the parentage and/or custody relationship may or may not be recognized abroad. (if there is an international dimension to the case, for example foreign nationality of one or more of the parties or if the parents have the intention to move abroad) The advice of the Government Committee on the Reassessment of Parenthood ISFL World Conference July 27th 2017

Simple adoption After the birth of the child legal multi-parenthood is only possible via the route of simple adoption with the applicable conditions being met; New in The Netherlands alongside the strong adoption; A legal parent-child relationship would be created with the aspirant adoptive parent, but that would not replace the existing legal parent-child relationship; Also for step parents and foster parents; Similar procedure as for multi parenthood; Consent of all parties. The advice of the Government Committee on the Reassessment of Parenthood ISFL World Conference July 27th 2017

Consequences multi parenthood Equal position in inheritance; Family name of one of the four parents; Dutch nationality for the child as one of the parents is Dutch citizen; Obligation to maintain the child for all four parents; Joint parental authority for all four parents from birth; Access to court for all of them in custody conflicts; The advice of the Government Committee on the Reassessment of Parenthood ISFL World Conference July 27th 2017

Joint parental authority (custody) Advantage for the child: Clear who will have the authority to decide Equal relationship to all persons involved in the upbringing of the child Advantage for the involved adults: Equal relationship to all persons involved in the upbringing of the child (front-seat back-seat parents) The advice of the Government Committee on the Reassessment of Parenthood ISFL World Conference July 27th 2017

Multi person joint custody After the birth of the child: Also accessable for not legal parents (e.g. step parents) Similar proceeding to multi parenthood Consent of all involved adults maximum 4 persons Consent child of eight years or older The advice of the Government Committee on the Reassessment of Parenthood ISFL World Conference July 27th 2017

Multi person joint custody More conflicts? Not illogical; Up until now not proven in scientific research; Equal position of multiple holders of custodial rights is contributing to an early solution to possible conflicts, as one-on-one power struggles are avoided; Value may also be found in that multiple people are able to provide unique and intensive contribution to the care, upbringing and development of the child. The advice of the Government Committee on the Reassessment of Parenthood ISFL World Conference July 27th 2017

Multi person joint custody In case of conflicts? All parents/holders of custody have access to court in custody conflicts Joint custody can be reduced (the number of holders of custody); Seven core elements of good parenting among other things: ensuring contact moments with persons who are important to the child, including the other parent. The advice of the Government Committee on the Reassessment of Parenthood ISFL World Conference July 27th 2017