Dutch Legislation

Title 4

in force

Civil status records

Civil Code — Book 1 (Burgerlijk Wetboek Boek 1) · Articles: 75

Section 1

The registrar of civil status

1:16 Article 1:16

In each municipality there are two, or, at the discretion of the Mayor and Aldermen, more Registrars of Civil Status. Furthermore, one or more…

1:16a Article 1:16a

The Registrar of Civil Status is charged with recording certificates and the subsequent endorsements to be added thereto in the registers of civil…

1:16b Article 1:16b

When the Registrar of Civil Status acts in legal proceedings in the exercise of his office pursuant to any provision of this Title or of any other…

1:16c Article 1:16c

The Mayor and Aldermen determine the hours during which each office of the civil registry shall be open to the public daily. In doing so, in order to…

1:16d Article 1:16d

By Order in Council (algemene maatregel van bestuur), rules shall be laid down with respect to the facilities to be provided by the Municipal…

Section 2

The civil status registers and their custody

1:17 Article 1:17

There exist for each municipality registers of births, of marriages, of registered partnerships and of deaths.

1:17a Article 1:17a

The registers of civil status are kept in the town hall until they are transferred to a municipal archive repository within the meaning of the…

1:17b Article 1:17b

The custodian of an archival repository as referred to in Article 17a is charged with keeping the registers in his custody, with adding subsequent…

1:17c Article 1:17c

By Order in Council, all further matters concerning the organisation of the registers shall be regulated, as well as the acts referred to in Article…

Section 3

Civil status records and the parties to them

1:18 Article 1:18

The Registrar of Civil Status may only include in the certificates that which must be declared or included pursuant to what is provided by or under…

1:18a Article 1:18a

Parties to a civil status record are those who make a declaration to the Registrar of Civil Status or make a statement before him concerning a fact…

1:18b Article 1:18b

For the reliability and confidentiality of the electronic notification, as well as the drawing up and storage of a deed in electronic form, a data…

1:18c Article 1:18c

If a party to a deed of civil status or an interested party fails to produce the documents referred to in Article 18, paragraph 3, or if the…

1:18d Article 1:18d

A duplicate or a transcript shall be kept of all deeds of civil status recorded in the registers, in accordance with rules to be established by…

Section 4

Records of birth, of death and certificates of being alive

1:19 Article 1:19

A record of birth shall be drawn up by the registrar of births, deaths, marriages and registered partnerships of the municipality where the child was…

1:19a Article 1:19a

In the event of a birth on Netherlands territory in a moving vehicle or on a sailing vessel or during a domestic air journey with an aircraft, the…

1:19b Article 1:19b

If the place or the date of birth of the child is not known, or if the name, including the given names, of the mother from whom the child was born is…

1:19c Article 1:19c

If, pursuant to Article 5, paragraph 10, of this Book, a provisional forename and surname have been included in the deed, the Registrar of Births…

1:19d Article 1:19d

If the sex of the child is uncertain, a birth certificate shall be drawn up, stating that the sex of the child could not be determined.

1:19e Article 1:19e

The notification of a birth may be made in person or, if this method has been made available, electronically. Only the mother from whom the child was…

1:19f Article 1:19f

A death certificate shall be drawn up by the registrar of the municipality where the death occurred.

1:19g Article 1:19g

In the event of a death on Dutch territory in a moving vehicle or on a sailing vessel or during a domestic air journey with an aircraft, the death…

1:19h Article 1:19h

Any person who has knowledge of a death from their own observation is authorised to report that death.

1:19i Article 1:19i

When a child is born lifeless, a deed shall be drawn up, which shall be recorded in the register of deaths.

1:19j Article 1:19j

By administrative order (algemene maatregel van bestuur), regulations shall be established regarding all matters concerning the documents to be…

1:19k Article 1:19k

Any person who has his habitual residence in the Netherlands may request the registrar of the municipality of his place of residence to issue a…

Section 5

Subsequent entries

1:20 Article 1:20

The Registrar of Births, Deaths, Marriages and Registered Partnerships shall add to the civil status records held by him subsequent marginal notes of…

1:20a Article 1:20a

The marginal notes referred to in Article 20, with the exception of the notes referred to in paragraph 1, under (b), as well as the notes concerning…

1:20b Article 1:20b

Of certificates and judgments drawn up or rendered outside the Netherlands by a competent authority in accordance with local regulations and having…

1:20c Article 1:20c

Articles 18 and 18c shall apply mutatis mutandis.

1:20d Article 1:20d

By order in council, regulations shall be established concerning all matters regarding the documents to be submitted to the registrar, the drawing up…

1:20e Article 1:20e

Of the decisions referred to in Article 20, paragraph 1, the clerk of the court before which the case was last pending shall send a copy to the…

1:20f Article 1:20f

The Registrar of Births, Deaths, Marriages and Registered Partnerships who enters the data of a deed of choice of name into the birth certificate of…

1:20g Article 1:20g

The Registrar of Births, Deaths, Marriages and Registered Partnerships who adds a later entry to the birth certificate of a minor, from which it…

1:20h Article 1:20h repealed

Section 6

Records registering certain judicial decisions

1:21 Article 1:21

The Registrar of Births, Deaths, Marriages and Registered Partnerships (ambtenaar van de burgerlijke stand) in The Hague shall draw up records of…

Section 7

The evidentiary force of civil status records, copies and extracts

1:22 Article 1:22

The birth certificate proves against everyone that a child of the sex stated therein was born to the mother named therein at the place, on the day…

1:22a Article 1:22a

Authentic copies or extracts, drawn up and issued in the legal form by the competent keeper of the register, have the same evidentiary value as the…

Section 8

Public access to civil status records

1:23 Article 1:23

The records of civil status, including the duplicates of these records, are public insofar as no further provision has been made in this respect in…

1:23a Article 1:23a

Only the registrars and the public prosecution service may inspect the acts of civil status. Furthermore, the court and the public prosecution…

1:23b Article 1:23b

Any person is entitled to have the official charged with the issuance of copies and extracts of acts of civil status issue an extract of an act of…

1:23c Article 1:23c

The duplicates of the civil status records shall be public as long as they remain in the custody of the registrar of birth, deaths and marriages.

Section 9

Supplementing the registers and correcting records and subsequent entries

1:24 Article 1:24

Supplementing a civil status register with a missing deed or later mention, the striking through of a deed or later mention incorrectly appearing…

1:24a Article 1:24a

Obvious clerical or spelling errors and obvious mistakes may be corrected ex officio by the registrar of births, deaths, marriages and registered…

1:24b Article 1:24b

Supplementation of a register of civil status on the basis of Article 24 shall take place by the drawing up of a new deed in that register.

Section 10

Registration of foreign records and the judicial order to draw up a substitute birth record

1:25 Article 1:25

Birth certificates, marriage certificates, certificates of registration of a partnership, and death certificates drawn up outside the Netherlands by…

1:25a Article 1:25a

If, after the registration, manifest errors in the deed drawn up outside the Netherlands have been corrected by a competent authority in accordance…

1:25b Article 1:25b

To the deed of registration, referred to in Article 25, shall be added the subsequent entries which, pursuant to this Book, must be added to a deed…

1:25c Article 1:25c

If, in respect of a person born outside the Netherlands, no birth certificate has been drawn up by a competent authority in accordance with local…

1:25d Article 1:25d

The Court of The Hague may, at the petition of the Public Prosecution Service, an interested party, or the Registrar of Births, Deaths, Marriages and…

1:25e Article 1:25e repealed
1:25f Article 1:25f

The registrar of the court before which the case was last pending shall, no earlier than three months after the date of the order, send a copy…

1:25g Article 1:25g

Articles 25 to 25b inclusive shall apply mutatis mutandis to deeds and judgments which have been drawn up or rendered outside the Netherlands by a…

Section 11

Declaratory judgment on the validity in the Netherlands of a foreign record or decision

1:26 Article 1:26

Any person who has a justified interest therein may petition the court to issue a declaratory judgment that a deed drawn up or a judgment rendered…

1:26a Article 1:26a

The court may, upon petition or of its own motion, in the declaratory judgment referred to in Article 26, paragraph 1, also order the addition of a…

1:26b Article 1:26b

If no deed regarding the petitioner has been recorded in the Dutch registers of civil status, the court of The Hague may, upon petition or of its own…

1:26c Article 1:26c repealed
1:26d Article 1:26d

The production of an authentic copy of the foreign deed or judgment to which the petition relates may be required. Article 986, paragraphs 3 and 4…

1:26e Article 1:26e

The registrar of the court before which the case was last pending shall send a copy of the order to the registrar of births, deaths, marriages and…

1:26f Article 1:26f repealed

Section 12

Remedy against refusal to draw up a civil status record or perform another act

1:27 Article 1:27

Following a decision by a Registrar of Births, Deaths and Marriages (ambtenaar van de burgerlijke stand) to refuse, on the basis of Article 18c or…

1:27a Article 1:27a

The court may, upon petition of an interested party or of its own motion, also issue in its order a declaration as referred to in Article 26, as well…

1:27b Article 1:27b

The clerk of the court sends a copy of the order to the interested parties and to the Registrar of Civil Status.

1:27c Article 1:27c repealed

Section 13

Amendment of the entry of sex in the birth record

1:28 Article 1:28

Any Dutch national of sixteen years of age or older who has the conviction of belonging to the gender other than the one stated in the birth…

1:28a Article 1:28a

Upon the notification, a statement shall be submitted from an expert designated by or pursuant to a general administrative measure, issued no more…

1:28b Article 1:28b

If Article 28a has been complied with, the registrar of births, deaths and marriages shall add a subsequent entry of the change of sex to the birth…

1:28c Article 1:28c

The amendment of the gender designation in the birth certificate shall have its consequences, arising from this Book, from the day on which the…

Section 14

The Advisory Commission on matters of civil status and nationality

1:29 Article 1:29

There is an Advisory Committee for matters concerning civil status and nationality.

1:29a Article 1:29a

The Commission consists of at least nine and at most fifteen members.

1:29b Article 1:29b

The Commission shall, at the request of a Registrar of Births, Deaths, Marriages and Registered Partnerships (ambtenaar van de burgerlijke stand) or…

1:29c Article 1:29c

If a Registrar of Births, Deaths, Marriages and Registered Partnerships has reasonable doubt as to whether data to be derived from a civil status…

1:29d Article 1:29d

If a registrar of births, deaths, marriages and registered partnerships does not follow an advice given by the Commission, he shall notify the…

1:29e Article 1:29e

Our Minister of Justice may lay down further rules regarding the task and the working method of the Commission.

1:29f Article 1:29f

Every four years, the Commission shall submit a report to Our Minister of Justice, in which the performance of the Commission's duties is subjected…