Validity of Repudiation and Religious Marriages in the Netherlands and Implications for Parentage
by Fei An Kersten
Question(s) at stake
Whether the repudiation of a first marriage and the subsequent entering into a second religious marriage, both of which took place in the Netherlands, can be recognized as valid, and whether the invalidity of these acts affects the legal parentage of a child born of the second marriage.
Outcome of the ruling
Under Dutch private international law, a repudiation and religious marriage that takes place in the Netherlands cannot be recognized. As a consequence, in cases in which the divorce of the first marriage is not recognized and a child born during that marriage already has two parents, subsequent acknowledgement of the child by its biological father is not valid.
Country:
Official citation
District Court of Zeeland-West Brabant, Judgement of 9 April 2014, C/02/228319 FA RK 10-5659 (Uitspraak van Rechtbank Zeeland-West Brabant, 9 april 2014)
Topic(s)
Keywords:
Determination of parenthood Dissolution of marriage and partnership Divorce Kinship and filiation Marriage and partnership Parenthood Religious marriage Talaq
Tag(s):
Recognition of foreign religious marriages Recognition and validity of domestic religious marriages Somalian marriage law Recognition and validity of domestic repudiation