Recognition of a status acquired abroad

Netherlands

Abstract

The aim of this national report is to analyse the current legal framework for the recognition of a legal status acquired abroad in the Netherlands. The first part of the report discusses the academic awareness, legislative awareness, as well as the administrative and judicial awareness of the European discussion on the recognition of personal status. The second part of the report outlines the development and structure of the Dutch legal framework for recognition. The formal and substantive requirements for recognition of a legal status acquired abroad, as well as subsequent changes to that framework, are highlighted for each relevant set of rules. It is argued that the Dutch legal framework for recognition is rather permissive due to its strong link with multilateral instruments ratified by the Netherlands, but suffers from its own flaws in terms of complexity. The final part of the report discusses the methods of recognition in Dutch private international law.