Moroccan law prevents him from acknowledging his daughter, Dutch judge finds another way

Biological paternity was nevertheless beyond doubt 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 acknowledgment.

The problem lay elsewhere: despite their agreement, the parents had been unable to complete the procedure through the municipality.

The situation was complicated by its international dimension. The father holds Moroccan nationality and lives in Belgium, the mother is Dutch, and their daughter normally 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 meant Moroccan law.

But the court found that Moroccan law did not allow an acknowledgment producing the family ties sought under the Dutch legal mechanism. This particularity of Moroccan law on paternal parentage could have led to a dead end.

The child’s place of residence changes the rule

Dutch law specifically provides a solution for this type of international situation. When acknowledgment 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, when the conditions are met, to replace the authorization required for acknowledgment. The court particularly noted that nothing here opposed establishing the legal relationship: biological paternity is accepted, the mother does not oppose it, and the guardian appointed to defend the child’s interests also considers this acknowledgment 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 acknowledge his daughter.

The other family-related questions are not definitively settled as a result. The father also requested parental authority and contact with his daughter. The court first wants the parents to receive support intended, in particular, to gradually rebuild their relationship and improve their communication.

The distinctive feature of the case therefore remains this legal detour: because Moroccan law did not allow acknowledgment 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.