Derivation Rules: Gezag

What is gezag?

Everyone in the Netherlands who is under 18 is under parental authority. This means that they are not allowed to take some decisions independently. Someone who has authority over a minor is responsible for the care and upbringing of the minor and manages the minor's money and belongings.

The holder of authority is also the legal representative of the minor. Minors are often not allowed to carry out official acts themselves. The legal representative then does this for the minor, for example by signing. The legal representative is also often legally liable for what the minor does.

Parental authority goes much further than a right of contact. The parent with authority may take important decisions about the child's life, such as choice of school, medical decisions, moving house, a holiday abroad or applying for a travel document. A parent who exercises authority alone does not need the permission of the other (legal) parent without authority when taking these decisions.

Anyone aged 18 or over who is not under guardianship and does not have a mental disorder can have authority over a minor. Usually the parents have authority. Authority stops automatically when the child turns 18. A minor cannot have more than 2 parents. Authority over a minor cannot be exercised by more than 2 persons.

Different types of gezag

There are different kinds of parental authority:

• Parental authority by one parent (éénhoofdig ouderlijk gezag) or two parents (gezamenlijk ouderlijk gezag)
• Joint authority of a parent and a non-parent
• Voogdij (guardianship)

What do we mean by parents?

By ouders we mean the legal parents according to the law. The legal parent is the parent named on the birth certificate. Below is how someone can become a legal parent.

The moeder of a child is, according to the law:

• the woman from whom the child was born
• the woman who has adopted the child
• the woman who is married to the mother or has a registered partnership with her, where the child is born during the marriage or registered partnership, and where an unknown sperm donor was used to become pregnant, as described in the Wet donorgegevens kunstmatige bevruchting
• the woman who has acknowledged the child
• the woman whose parenthood has been established by a court

The vader of a child is, according to the law:

• the man who is married to the mother or has a registered partnership with her, where the child is born during the marriage or registered partnership
• the man who has acknowledged the child
• the man who has adopted the child
• the man whose parenthood has been established by a court

By niet-ouder we mean:

• the partner of one of the parents
• a third party with a close personal relationship with the minor (an aunt, uncle or someone else, for example)
• a guardian

What is voogdij?

Guardianship is authority held by non-parents. Anyone aged 18 or over who is not under guardianship and does not have a mental disorder can become a guardian. A youth care organization (Bureau Jeugdzorg, for example) can also be appointed as guardian.

When does a minor get a guardian?

• when the parents have died
• when the parents no longer have authority

A minor can be given a guardian automatically or through the court:

• a holder of joint authority automatically becomes guardian if the other parent with authority dies or becomes incompetent to exercise authority — for example because that parent is under guardianship
• the court often appoints a guardian in a judicial ruling. Parents can also designate one or two persons as guardian in their will or by an entry in the parental authority register. The guardianship only begins once the parents have died, the child is not yet 18, and the guardian has declared to the registry of the court that the guardianship is accepted. If the person asked does not want to be a guardian after all, the court decides who becomes guardian

Reading guide to the derivation rules

Parental authority is determined by applying derivation rules in the following order:

1. Where the minor has their permanent residence abroad, authority cannot be determined. Read the derivation rules for determining authority for minors residing abroad
2. It is established that there is no authority. Read the derivation rules for the geen gezag functionality
3. There is a judicial ruling on authority, which can be revised by adoption, a repair marriage or denial. Read the derivation rules for gerechtelijke uitspraak
4. Authority is determined for a minor:

• with two parents in a relationship with each other. Read the derivation rules for a minor with two parents in a relationship
• with two parents not in a relationship with each other. Read the derivation rules for a minor with two parents not in a relationship
• with one parent. Read the derivation rules for a minor with one parent
• without parents. Read the derivation rules for a minor without a parent

1. The minor has had their habitual residence abroad. Read the derivation rules for a minor who has resided abroad
2. The holder or holders of authority are not competent or have died. Read the derivation rules for bevoegdheid tot gezag.