Article 3
in forceAcquisition of Dutch nationality by operation of law
A Dutch national is the child whose father or mother is a Dutch national at the time of its birth, as well as the child of a Dutch national who has deceased prior thereto.
A child found on the territory of the Netherlands, or Aruba, Curaçao or Sint Maarten respectively, or on board a sea-going vessel or aircraft registered in the Netherlands, Aruba, Curaçao or Sint Maarten, shall be deemed to be the child of a Dutchman unless it appears within five years, calculated from the day on which the child was found, that the child possesses a foreign nationality by birth.
A Dutch national is the child of a father or mother who, at the time of the child's birth, has his or her principal residence in the Netherlands, Aruba, Curaçao, or Sint Maarten, and who was himself or herself born as the child of a father or mother who, at the time of his or her birth, had principal residence in one of those countries, provided that the child, at the time of its birth, has its principal residence in the Netherlands, Aruba, Curaçao, or Sint Maarten.
Nederlander is het kind waarvan ten tijde van zijn geboorte de vader of de moeder Nederlander is, alsmede het kind van een Nederlander die voordien is overleden.
Het op het grondgebied van Nederland, onderscheidenlijk Aruba, Curaçao of Sint Maarten, of aan boord van een in Nederland, Aruba, Curaçao of Sint Maarten te boek gesteld zeeschip of luchtvaartuig, gevonden kind wordt aangemerkt als het kind van een Nederlander tenzij binnen vijf jaren, te rekenen vanaf de dag waarop het is gevonden, blijkt dat het kind door geboorte een vreemde nationaliteit bezit.
Nederlander is het kind van een vader of moeder die ten tijde van de geboorte van het kind zijn of haar hoofdverblijf heeft in Nederland, Aruba, Curaçao of Sint Maarten en die zelf geboren is als kind van een vader of moeder die ten tijde van zijn of haar geboorte in een van die landen hoofdverblijf had, mits het kind ten tijde van zijn geboorte zijn hoofdverblijf heeft in Nederland, Aruba, Curaçao of Sint Maarten.
Decisions of the Administrative Jurisdiction Division of the Council of State (ABRvS) — the highest court in immigration cases — applying this article. Annotations are unofficial translations.
By decision of 12 July 2022, the Minister of Foreign Affairs did not process the application of [appellant] for a Dutch passport. [appellant] holds Moroccan nationality and was born on [date of birth] 2003 in Morocco from a bigamous marriage. Her father holds Dutch nationality and her mother holds Moroccan nationality. On 16 June 2022, [appellant] applied for a Dutch passport at the Dutch embassy in Rabat, Morocco. The Minister did not process the application because [appellant] was of age when she was acknowledged by her father on 20 April 2022 and therefore did not acquire Dutch nationality through the acknowledgement. The Minister did not process the application of [appellant] for a Dutch passport because she does not possess Dutch nationality, which is required pursuant to Article 9, paragraph 1, of the Passport Act. [appellant] was born during a bigamous marriage. Due to conflict with public policy (openbare orde), this bigamous marriage has no legal effects under Dutch law and thus provides no basis for the existence of family law relationships between [appellant] and her father.
Decision on rechtspraak.nlBy decision of 20 January 2022, the Minister has stayed the consideration of an application by [appellant] for a Dutch passport. [appellant] was born on [date of birth] in the United States. Her parents held Dutch nationality at that time. Upon her birth, she acquired both Dutch and American nationality. On 10 August 2021, [appellant] submitted an application for a Dutch passport at the Dutch embassy in Washington. As the basis for staying the consideration of the application, the Minister stated that [appellant] lost her Dutch nationality by operation of law on 19 February 2021 pursuant to Article 16, paragraph 1, opening words and under (c), of the Kingdom Act on Dutch Nationality, because her parents voluntarily acquired American nationality and renounced their Dutch nationality on that date.
Decision on rechtspraak.nlBy decision of 23 November 2020, the Minister of Foreign Affairs did not process the application of [appellant] for a Dutch passport. [appellant] was born on [date of birth] 1998 in the United States. At birth, she acquired Dutch and Canadian nationality through her father and American nationality through her mother. Her father lost his Dutch nationality by operation of law on 1 April 2013 pursuant to Article 15, paragraph 1, opening words and under (c), of the Kingdom Act on Dutch Nationality (Rijkswet op het Nederlanderschap, hereinafter: RWN). As a consequence thereof, according to the Minister, [appellant] as a minor also lost her Dutch nationality pursuant to Article 16, paragraph 1, opening words and under (d), of the RWN. On 20 December 2019, [appellant] applied for a Dutch passport at the Dutch embassy in Washington D.C. [appellant] contends that the court misinterpreted the statutory text of Article 16, paragraph 2, opening words and under (e), of the RWN.
Decision on rechtspraak.nlBy decision of 19 June 2017, the Minister of Foreign Affairs did not process the application for the issuance of a Dutch passport submitted by [appellant A] on behalf of [appellant B]. [appellant A] submitted an application for the issuance of a Dutch passport on behalf of [appellant B]. [appellant B] was born on [date of birth] 2000 and holds Ghanaian nationality. At the time of the application, he was sixteen years old. He has always lived with his mother in Ghana. His mother and [appellant A] have never been joined in marriage. [appellant B] was therefore born outside of marriage. The mother reported the birth of [appellant B]; she is therefore listed as the informant in the birth certificate drawn up on 10 October 2000. She had it recorded in the birth certificate that [appellant A] is the father. [appellant A] also originates from Ghana. He was first registered in the Netherlands in 1976 and acquired Dutch nationality in 1987. This ruling concerns the question of whether a legal parentage relationship was established between [appellant A] and [appellant B] through recognition and whether [appellant B] consequently acquired Dutch nationality.
Decision on rechtspraak.nlBy decision of 13 April 2021, the Minister of Foreign Affairs did not process the applications of [appellant A] and [appellant B]. [appellant A] and [appellant B] were born on [date of birth] 2014 in Algeria and possess Algerian nationality. [father], the father of [appellant A] and [appellant B], acquired Dutch nationality through naturalisation in January 2000. On 19 March 2013, he renounced it on the basis of Article 15, paragraph 1, opening words and under (b), of the Netherlands Nationality Act (Rijkswet op het Nederlanderschap) in order to qualify for the remigration benefit from the Sociale Verzekeringsbank. On 1 September 2015, [father] reacquired Dutch nationality by option on the basis of Article 6, paragraph 1, opening words and under (f), of the RWN. [mother], the mother of [appellant A] and [appellant B], possesses Algerian nationality. On 23 March 2021, [father] and [mother] applied for a Dutch passport for their sons [appellant A] and [appellant B] at the Dutch embassy in Algiers.
Decision on rechtspraak.nl