Recognition in stillborn children ...
Sometimes the rules are not clear to everyone. Sometimes the law does not work and the judges create clarity. Sometimes it pays to know the seam of the stocking, especially when it comes to recognition of your child. In this case your stillborn child. Femke S. started a quest to get her deceased nephew, Emile, recognized.
She sent the results of her search to us so that other parents do not have to fight against the same chaos and incomprehension. Here her experience, with the necessary jurisprudence!
Recognition in stillborn children
It has been established by law that children who are stillborn can be officially recognized and can be written in a birth register. That they are 24 weeks or younger than 24 weeks is separate from that. This only has to do with the fact whether they may or should be buried / cremated.
Looking at the recognition at the church, the following is said. The civil servant refused to draw up this deed with reference to Article 1: 2 BW child who is born dead is considered never to have existed. If you read this way, then the official speaks the truth and indeed only a living child born can be acknowledged and not a child that is stillborn.
But in addition to the law, there is of course jurisprudence
There is a court ruling that has tackled this. namely:
Rb 's-Hertogenbosch 8 March 1995, NJ 1995, 490 (nr 6)
I found the following data:
case number: C94 / 617
Here too, it emerged that it is required that a child is born alive. But Art 8 ECHR and Art 2 Book 1 of the Dutch Civil Code tackle this.
In Art 8 ECHR speaks of family life. (piece of judgment) The applicants have argued that by invoking Article 1: 2 BW the official violates the provisions of Article 8 of the ECHR ... It is a fact of common knowledge that, except during pregnancy, exceptions, an emotional bond arises between the biological parents and the child, certainly in the case where the parents maintain an affective relationship with each other and live together within the context of that relationship. At the hearing it has been sufficiently established that in the present case such a connection with the unborn child has actually arisen. In the court's view, such an emotional bond can be characterized as 'family life' within the meaning of the ECHR.
That such a relationship with an unborn child is not impossible also results from the fact that the BW allows the possibility of recognition of an unborn child, and thereby the establishment of a family bond.
(I think they are talking about article 2: 1 BW.
Art 2 BW (book 1)
The child of which a woman is pregnant is considered to have already been born, as often as his interest demands it. If death comes into the world, it is considered never to have existed.
Pregnancy is? Then birth too!
The lady I spoke to came up with this article. She indicated that on this basis she is of the opinion that this should also apply to a stillborn child (why recognize during pregnancy and then (even if the child is stillborn) not recognize.
In addition to the story of this lady from the NVVB I myself went looking for something. I have enclosed these documents in the annexes. An official announcement (10 October 2006) has been made, addressed to civil servants of the Civil Registry, by the Advisory Committee on matters relating to civil status and nationality. They advise the following.
The Commission considers it important to treat a human fruit with as much respect as possible and to take due account of the emotions of the parents.
The Committee therefore recommends that, in cases involving a pregnancy that lasts less than 24 weeks, an act of birth and death or death. to draw up a deed of lifeless child.
Also in the book Introduction to the Civil Registry (j. Kampers, l.j.w Evers) one reaches the aforementioned judgment and speaks about the importance of the declaration for the grief processing of the parent.
A judge made a judgment in 1995 concerning the recognition of a child. (is binding like the law book) He has said that a stillborn child should be recognized, art 8 ECHR speaks about family life. Also art 2 BW (book 1) has said that a child can be recognized during pregnancy, it is strange to no longer recognize it after a previously recognized child dies.
Another very important piece is the official announcement that the Commission gives advice on matters concerning civil status and nationality. the advisory committee for matters concerning the civil status and nationality is a committee with a legal status (Article 1: 29 of the Dutch Civil Code) the advice of that committee, is published in the Staatscourant 2006, no. authoritative advice.
art. 1: 29d B.W. stipulates that civil servants who have failed to comply with a recommendation issued by the Commission (and we shall not do so!) Inform the Commission and the public prosecutor.
In addition, an official of the civil registry who refuses to draw up a document shall forward a written, reasoned statement to the parties to the deed, stating the refusal against this refusal. outstanding facility (that is, filing a petition with the court). he must send a copy of this refusal to the chief of police (police); all this is stated in art. 1: 18b, second and third paragraph BW.
An official can therefore simply prepare the declaration for stillborn children. Actually, they even have to. the court decision is important here and the committee's advice.
The official is actually obliged, if he chooses not to make the declaration in order to report this to a police chief of police, the committee I spoke about and the public prosecutor.