2a.3 - acknowledgement
#language: en Feature: 2a.3 - acknowledgement Preconditions for this request: | 1.1 Staat persoon (minderjarige) als ingezetene in de BRP? | Ja | | 1.2 Is persoon a. minderjarig en b. niet overleden? | Ja | | 1.3 Is minderjarige naar het buitenland geëmigreerd geweest? | Nee | | 1.3a Is minderjarige in buitenland geboren? | Nee of geadopteerd met NL akte | | 1.4 Uitspraak gezag aanwezig? | Nee of door een recente gebeurtenis het gezag toch (weer) van rechtswege verkregen | | 2.1 Hoeveel juridische ouders heeft de minderjarige? | 2 | | 2a.1 Zijn beide ouders nu met elkaar gehuwd of geregistreerd partners? | Nee nooit | | 2a.2 Is persoon geadopteerd met Nederlandse akte | Nee | How to establish whether there has been an acknowledgement: Aktenummer Ouder1 or Ouder2 contains, in the 3rd position, the certificate designation B (acknowledgement at the birth declaration), C (acknowledgement after birth), J (acknowledgement by notarial deed) or V (judicial establishment of parenthood). This may occur in the current category but also in a historical category, because another legal fact may have been recorded later. The date of acknowledgement can be taken from the date of the family-law relationship of the same category as the one in which certificate designation B or C was found. So it may also occur in the history. Certificate numbers as recorded in the BRP and included in the list of acknowledgement codes from public table 39. See: https://publicaties.rvig.nl/Landelijke_tabellen/Landelijke_tabellen_32_t_m_61_excl_tabel_35/Landelijke_Tabellen_32_t_m_61_in_csv_formaat/Tabel_39_Akteaanduiding Establishing whether there has been an acknowledgement of an unborn child can be done using certificate designation A, while at the moment of birth the parents are not married to each other and do not have a registered partnership. Here too, certificate designation A may occur in the history. It must then be ruled out that there is also a category in which certificate designation B, C or J occurs, because that would mean the child was acknowledged later. Certificate designation Q must be ruled out as well, because that would mean the child was adopted later. Here too, current and historical apply. For persons born before 1-1-23 it is clear that the acknowledgement of an unborn child must also have taken place before 1-1-23; for persons born after 1-1-23 that cannot be traced from the BRP until mid-10-2023, so it cannot be established. What does it mean when a child (or unborn child) has been acknowledged? - Where the child (or unborn child) was acknowledged before 1-1-2023, there is 1-headed authority for the mother and step 4a Establishing competence to exercise authority (1-headed authority) follows - Where the child or unborn child was acknowledged after 1-1-2023, there is joint parental authority and step 4a Establishing competence to exercise authority (joint parental authority) follows Fields used: - Geboortedatum persoon (date of birth of the person) -> 01.03.10 - Aktenummer persoon (certificate number of the person) -> 01.81.20 - Aktenummer persoon historisch (historical certificate number of the person) -> 51.81.20 - Aktenummer ouder 1 (certificate number of the parent) -> 02.81.20 - Aktenummer ouder 1 historisch (historical certificate number of the parent) -> 52.81.20 - Aktenummer ouder 2 (certificate number of the parent) -> 03.81.20 - Aktenummer ouder 2 historisch (historical certificate number of the parent) -> 53.81.20 - Datum ingang familiebetrekking ouder 1 (start date of the family relationship) -> 02.62.10 - Datum ingang familiebetrekking ouder 2 (start date of the family relationship) -> 03.62.10 Background: Given the person 'Lotte' with citizen service number '000000012' * is of full age And the person 'Dirk' with citizen service number '000000024' * is of full age And the person 'Filip' with citizen service number '000000036' * was born in the Netherlands * is registered in the BRP Rule: The child was born before 01-01-2023 Scenario: The child has not been acknowledged, there is EenhoofdigOuderlijkGezag Given person 'Filip' * was born on 1-12-2022 * has 'Lotte' as parent 1 When 'gezag' is requested for 'Filip' Then the authority over 'Filip' is sole parental authority with parent 'Lotte' # For more extensive examples regarding the determination of the birth mother, see the feature: geboorte-moeder.feature Scenario: The child has two parents with an unknown gender, was acknowledged as an unborn child but was not acknowledged afterwards, there is GezagNietTeBepalen Given person 'Filip' * was born on 1-12-2022 * has 'Lotte' as parent 1 with the following data | geslachtsaanduiding (04.10) | datum ingang familierechtelijke betrekking (62.10) | | O | gisteren - 17 jaar | * has 'Dirk' as parent 2 with the following data | geslachtsaanduiding (04.10) | datum ingang familierechtelijke betrekking (62.10) | | O | gisteren - 17 jaar | When 'gezag' is requested for 'Filip' Then the authority over 'Filip' cannot be determined, with the explanation 'Gezag kan niet worden bepaald omdat niet kan worden vastgesteld welke ouder de geboortemoeder is.' Scenario: One of the parents acknowledged the child at the birth declaration, there is EenhoofdigOuderlijkGezag Given person 'Filip' * was born on 1-12-2022 * has 'Lotte' as parent 1 * was acknowledged by 'Dirk' as parent 2, at the birth declaration When 'gezag' is requested for 'Filip' Then the authority over 'Filip' is sole parental authority with parent 'Lotte' Scenario: One of the parents acknowledged the child after the birth declaration, there is EenhoofdigOuderlijkGezag Given person 'Filip' * was born on 1-12-2022 * has 'Lotte' as parent 1 * was acknowledged by 'Dirk' as parent 2, after the birth declaration, on 30-12-2022 When 'gezag' is requested for 'Filip' Then the authority over 'Filip' is sole parental authority with parent 'Lotte' Scenario: One of the parents acknowledged the child after the birth declaration on 01-01-2023, there is GezamenlijkOuderlijkGezag Given person 'Filip' * was born on 1-12-2022 * has 'Lotte' as parent 1 * was acknowledged by 'Dirk' as parent 2, after the birth declaration, on 01-01-2023 When 'gezag' is requested for 'Filip' Then the authority over 'Filip' is joint parental authority with parent 'Lotte' and parent 'Dirk' Scenario: One of the parents acknowledged the child after the birth declaration, after 01-01-2023, there is GezamenlijkOuderlijkGezag Given person 'Filip' * was born on 1-12-2022 * has 'Lotte' as parent 1 * was acknowledged by 'Dirk' as parent 2, after the birth declaration, on 01-02-2023 When 'gezag' is requested for 'Filip' Then the authority over 'Filip' is joint parental authority with parent 'Lotte' and parent 'Dirk' Scenario: One of the parents acknowledged the child by notarial deed, there is EenhoofdigOuderlijkGezag Given person 'Filip' * was born on 1-12-2022 * has 'Lotte' as parent 1 * was acknowledged by 'Dirk' as parent 2, by notarial deed, on 30-12-2022 When 'gezag' is requested for 'Filip' Then the authority over 'Filip' is sole parental authority with parent 'Lotte' Scenario: One of the parents acknowledged the child by notarial deed on 01-01-2023, there is GezamenlijkOuderlijkGezag Given person 'Filip' * was born on 1-12-2022 * has 'Lotte' as parent 1 * was acknowledged by 'Dirk' as parent 2, by notarial deed, on 01-01-2023 When 'gezag' is requested for 'Filip' Then the authority over 'Filip' is joint parental authority with parent 'Lotte' and parent 'Dirk' Scenario: One of the parents acknowledged the child by notarial deed after 01-01-2023, there is GezamenlijkOuderlijkGezag Given person 'Filip' * was born on 1-12-2022 * has 'Lotte' as parent 1 * was acknowledged by 'Dirk' as parent 2, by notarial deed, on 26-01-2023 When 'gezag' is requested for 'Filip' Then the authority over 'Filip' is joint parental authority with parent 'Lotte' and parent 'Dirk' Scenario: There is a judicial establishment of parenthood by one of the parents, there is EenhoofdigOuderlijkGezag Given person 'Filip' * was born on 1-12-2022 * has 'Lotte' as parent 1 * was acknowledged by 'Dirk' as parent 2, by judicial establishment of parenthood, on 30-12-2022 When 'gezag' is requested for 'Filip' Then the authority over 'Filip' is sole parental authority with parent 'Lotte' Scenario: There is a judicial establishment of parenthood by one of the parents on 01-01-2023, there is GezamenlijkOuderlijkGezag Given person 'Filip' * was born on 1-12-2022 * has 'Lotte' as parent 1 * was acknowledged by 'Dirk' as parent 2, by notarial deed, on 01-01-2023 When 'gezag' is requested for 'Filip' Then the authority over 'Filip' is joint parental authority with parent 'Lotte' and parent 'Dirk' Scenario: There is a judicial establishment of parenthood by one of the parents after 01-01-2023, there is GezamenlijkOuderlijkGezag Given person 'Filip' * was born on 1-12-2022 * has 'Lotte' as parent 1 * was acknowledged by 'Dirk' as parent 2, by notarial deed, on 03-03-2023 When 'gezag' is requested for 'Filip' Then the authority over 'Filip' is joint parental authority with parent 'Lotte' and parent 'Dirk' Rule: The child was born on 01-01-2023 or after 01-01-2023 Scenario Outline: The child born on <geboorte-datum> was acknowledged as an unborn child but was not acknowledged after birth, there is EenhoofdigOuderlijkGezag Given person 'Filip' * was born on <geboorte-datum> * has 'Lotte' as parent 1 When 'gezag' is requested for 'Filip' Then the authority over 'Filip' is sole parental authority with parent 'Lotte' Examples: | geboorte-datum | | 1-1-2023 | | 6-4-2023 | Scenario Outline: The child born on <geboorte-datum> has two parents and has not been acknowledged, there is TweehoofdigOuderlijkGezag Given person 'Filip' * was born on <geboorte-datum> * has 'Lotte' as parent 1 * has 'Dirk' as parent 2 When 'gezag' is requested for 'Filip' Then the authority over 'Filip' is joint parental authority with parent 'Lotte' and parent 'Dirk' Examples: | geboorte-datum | | 1-1-2023 | | 6-4-2023 | Scenario Outline: One of the parents acknowledged the child born on <geboorte-datum> at the birth declaration, there is TweehoofdigOuderlijkGezag Given person 'Filip' * was born on <geboorte-datum> * has 'Lotte' as parent 1 * was acknowledged by 'Dirk' as parent 2, at the birth declaration When 'gezag' is requested for 'Filip' Then the authority over 'Filip' is joint parental authority with parent 'Lotte' and parent 'Dirk' Examples: | geboorte-datum | | 1-1-2023 | | 6-4-2023 | Scenario Outline: One of the parents acknowledged the child born on <geboorte-datum> after the birth declaration, there is TweehoofdigOuderlijkGezag Given person 'Filip' * was born on <geboorte-datum> * has 'Lotte' as parent 1 * was acknowledged by 'Dirk' as parent 2, after the birth declaration, on 29-01-2023 When 'gezag' is requested for 'Filip' Then the authority over 'Filip' is joint parental authority with parent 'Lotte' and parent 'Dirk' Examples: | geboorte-datum | | 1-1-2023 | | 6-4-2023 | Scenario Outline: One of the parents acknowledged the child born on <geboorte-datum> by notarial deed, there is TweehoofdigOuderlijkGezag Given person 'Filip' * was born on <geboorte-datum> * has 'Lotte' as parent 1 * was acknowledged by 'Dirk' as parent 2, by notarial deed, on 28-01-2023 When 'gezag' is requested for 'Filip' Then the authority over 'Filip' is joint parental authority with parent 'Lotte' and parent 'Dirk' Examples: | geboorte-datum | | 1-1-2023 | | 6-4-2023 | Scenario Outline: There is a judicial establishment of parenthood by one of the parents, there is TweehoofdigOuderlijkGezag Given person 'Filip' * was born on <geboorte-datum> * has 'Lotte' as parent 1 * was acknowledged by 'Dirk' as parent 2, by judicial establishment of parenthood, on 01-02-2023 When 'gezag' is requested for 'Filip' Then the authority over 'Filip' is joint parental authority with parent 'Lotte' and parent 'Dirk' Examples: | geboorte-datum | | 1-1-2023 | | 6-4-2023 |