Moroccan law prevents him from recognizing his daughter, Dutch judge finds another way
A Moroccan living in Belgium wanted to become the legal father of his daughter, born in the Netherlands in 2023. Since Moroccan law did not allow the form of recognition sought, the Dutch judge used another rule to resolve the situation.
There was nevertheless no doubt about the biological paternity in this case. Both the father and the mother acknowledge that the man is the little girl’s biological father. The mother did not even oppose his recognition.
The problem lay elsewhere: despite their agreement, the parents had been unable to complete the procedure at the municipality.
The situation was complicated by its international dimension. The father is a Moroccan national and lives in Belgium, the mother is Dutch, and their daughter usually resides in the Netherlands. It was therefore first necessary to determine which national law should apply.
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In principle, the Netherlands first looks to the law of the country whose nationality the father holds. In this case, that was Moroccan law.
But the court found that this law does not allow recognition producing the family ties sought under the Dutch legal mechanism. This particularity of Moroccan law on paternal filiation could have led to an impasse.
The child’s place of residence changes the rule
Dutch law specifically provides a solution for this type of international situation. When recognition is not possible under the father’s national law, the judge may apply the law of the country where the child has their habitual residence.
Since the little girl lives in the Netherlands, Dutch law ultimately applies.
This law allows the court to replace, when the conditions are met, the authorization required for recognition. The court mainly notes that nothing here opposes the establishment of the legal relationship: biological paternity is acknowledged, the mother does not oppose it, and the guardian appointed to defend the child’s interests likewise considers this recognition desirable.
For the court, it is in the girl’s best interests that “legal reality” correspond to her biological reality. She must be able to know her ancestry and legally have a relationship with both her parents, according to the decision of the Zeeland-West-Brabant court issued on June 12 and published on August 17, 2026.
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The judge therefore grants the father the necessary judicial authorization. The process is not yet completely finished, however: armed with this decision, the Moroccan man must still go to the municipality to formally recognize his daughter.
The other family-related questions are not definitively settled either. The father also requested parental authority and contact with his daughter. The court first wants the parents to undergo support intended, in particular, to gradually rebuild their relationship and improve their communication.
The particularity of the case therefore remains this legal detour: because Moroccan law did not allow recognition in the form sought, it was ultimately the child’s place of residence that enabled the Dutch judge to apply Dutch law and pave the way for the official establishment of paternity.