Two parents, no relationship

# language: en
Feature: Two parents, no relationship
  Determining authority over a minor with two legal parents who, after the birth of the child, are not and were not married and do not and did not have a partnership.

  Background:
    Given the person 'Gerda' with citizen service number '000000012'
    * is of full age
    * is a woman
    And the person 'Aart' with citizen service number '000000024'
    * is of full age
    * is a man
    And the person 'Ariana' with citizen service number '000000048'
    * is of full age
    * is a woman
    And the person 'Bert' with citizen service number '000000036'
    * is a minor
    * is registered in the BRP

  Rule: Where the minor has been adopted by one or both parents, the parents together hold joint parental authority

    Scenario: The minor was adopted by both parents
      Given 'Bert' was adopted by 'Gerda' and 'Aart'
      When 'gezag' is requested for 'Bert'
      Then the authority over 'Bert' is joint parental authority with parent 'Gerda' and parent 'Aart'

    Scenario: The minor was adopted by the stepparent
      Given person 'Bert'
      * has 'Gerda' as parent
      And 'Bert' was adopted by 'Aart'
      When 'gezag' is requested for 'Bert'
      Then the authority over 'Bert' is joint parental authority with parent 'Gerda' and parent 'Aart'

  Rule: Where the minor was acknowledged after 1 January 2023, the parents together hold joint parental authority

    Scenario: The minor was acknowledged as an unborn child after 1 January 2023
      Given 'Bert' was born yesterday
      * has 'Aart' and 'Gerda' as parents from the date of birth
      When 'gezag' is requested for 'Bert'
      Then the authority over 'Bert' is joint parental authority with parent 'Gerda' and parent 'Aart'

    Scenario: The minor was acknowledged after 1 January 2023
      Given 'Bert' was born on 29-12-2022
      * has 'Gerda' as parent from the date of birth
      And 'Bert' was acknowledged by 'Aart' on 3-1-2023
      When 'gezag' is requested for 'Bert'
      Then the authority over 'Bert' is joint parental authority with parent 'Gerda' and parent 'Aart'

  Rule: Where the parents are not and have not been married to each other after the birth of the minor and do not and did not have a partnership, and the minor was acknowledged before 1 January 2023, the birth mother holds sole parental authority

    Scenario: The parents have never been married to each other and the minor was acknowledged before 1 January 2023
      Given 'Bert' was born on 29-11-2022
      * has 'Gerda' as parent from the date of birth
      And 'Bert' was acknowledged by 'Aart' on 30-12-2022
      When 'gezag' is requested for 'Bert'
      Then the authority over 'Bert' is sole parental authority with parent 'Gerda'

    Scenario: The minor was acknowledged as an unborn child before 1 January 2023
      Given 'Bert' was born on 30-11-2022
      * has 'Aart' and 'Gerda' as parents from the date of birth
      When 'gezag' is requested for 'Bert'
      Then the authority over 'Bert' is sole parental authority with parent 'Gerda'

    @to-do @skip-verify
    Scenario: The parents were married to each other and divorced before the birth of the minor
      Given 'Gerda' and 'Aart' married on 1-6-2015
      And 'Gerda' and 'Aart' divorced on 1-7-2020
      And person 'Bert'
      * was born on 30-11-2022
      * has 'Aart' and 'Gerda' as parents from the date of birth
      When 'gezag' is requested for 'Bert'
      Then the authority over 'Bert' is sole parental authority with parent 'Gerda'

    Scenario: The minor was born before 1 January 2023 and was acknowledged as an unborn child by the other parent
      Given 'Bert' was born on 30-11-2022
      * has 'Ariana' and 'Gerda' as parents from the date of birth
      When 'gezag' is requested for 'Bert'
      Then the authority over 'Bert' cannot be determined, with the explanation 'Gezag kan niet worden bepaald omdat niet kan worden vastgesteld welke ouder de geboortemoeder is.'

    Scenario: The minor was born before 1 January 2023 within a marriage of two women and was acknowledged as an unborn child by the known donor
      Given 'Gerda' and 'Ariana' married on 1-6-2019
      And 'Bert' was born on 30-11-2022
      * has 'Aart' and 'Gerda' as parents from the date of birth
      When 'gezag' is requested for 'Bert'
      Then the authority over 'Bert' is sole parental authority with parent 'Gerda'

  Rule: Where the minor was acknowledged before birth, after 1 January 2023, the mother and the acknowledger hold joint parental authority
    If the known donor acknowledges the child before the birth, the known donor holds joint authority with the birth mother. The spouse (the co-mother) then has nothing: is not a parent and has no authority. (the "unless" of Article 1:253sa of the Dutch Civil Code)

    Scenario: The minor was acknowledged before birth, after 1 January 2023, by a known donor, and the mother is married to a woman
      Given 'Gerda' and 'Ariana' married 2 years ago
      And 'Bert' was born 1 years ago
      * has 'Gerda' and 'Aart' as parents from the date of birth
      When 'gezag' is requested for 'Bert'
      Then the authority over 'Bert' is joint parental authority with parent 'Gerda' and parent 'Aart'

    Scenario: The minor was acknowledged before birth, after 1 January 2023, by the female partner of the mother (the co-mother)
      Given 'Gerda' and 'Ariana' married 2 years ago
      And 'Bert' was born 1 years ago
      * has 'Gerda' and 'Ariana' as parents from the date of birth
      When 'gezag' is requested for 'Bert'
      Then the authority over 'Bert' is joint parental authority with parent 'Gerda' and parent 'Ariana'

  @to-do @skip-verify
  Rule: Where the minor was acknowledged after birth, and after 1 January 2023 by a known donor, the mother and the partner of the mother hold joint authority
    Where no acknowledgement takes place before the birth, from birth the child has only a birth mother and both mothers (the birth mother and her partner) hold joint authority (Article 1:253sa of the Dutch Civil Code).
    The partner or the known donor can acknowledge the child afterwards. The authority remains with the co-mother and the mother.

    The day of acknowledgement makes no difference here; it may also be the day of birth.

    Scenario: The minor was acknowledged after 1 January 2023 at the birth declaration by the known donor, and the mother is married to a woman
      Given 'Gerda' and 'Ariana' married 2 years ago
      And 'Bert' was born 1 years ago
      * has 'Gerda' as parent from the date of birth
      And 'Bert' was acknowledged by 'Aart' at the birth declaration
      When 'gezag' is requested for 'Bert'
      Then the authority over 'Bert' is joint authority with parent 'Gerda' and parent 'Ariana'

    Scenario: The minor was acknowledged after 1 January 2023 and after birth by a known donor, and the mother is married to a woman
      Given 'Gerda' and 'Ariana' married on 28-9-2022
      And person 'Bert'
      * was born on 4-1-2023
      * has 'Gerda' as parent from the date of birth
      And 'Bert' was acknowledged by 'Aart' after the birth declaration on 3-2-2023
      When 'gezag' is requested for 'Bert'
      Then the authority over 'Bert' is joint authority with parent 'Gerda' and third party 'Ariana'

  Rule: Where the minor was acknowledged after birth and after 1 January 2023 by the partner of the mother, the mother and the partner of the mother hold joint parental authority

    Scenario: The minor was acknowledged after 1 January 2023 and after birth by the female partner of the mother (the co-mother)
      Given 'Gerda' and 'Ariana' married on 28-9-2022
      And person 'Bert'
      * was born on 4-1-2023
      * has 'Gerda' as parent from the date of birth
      And 'Bert' was acknowledged by 'Ariana' after the birth declaration on 3-2-2023
      When 'gezag' is requested for 'Bert'
      Then the authority over 'Bert' is joint parental authority with parent 'Gerda' and parent 'Ariana'