WILLEMSTAD – The Raad van Advies Curaçao has raised no substantive objections to a draft initiative law that would amend the Burgerlijk Wetboek van Curaçao to grant parents automatic joint parental authority when a father formally recognizes his child.
With the advisory opinion completed, the proposal can now proceed to further debate and consideration in the Staten van Curaçao.
The initiative aims to change the current legal framework so that the mother and the man who recognizes a child automatically share parental authority. Under the existing rules, this automatic joint authority only applies when the parents are married.
When parents are not married, joint parental authority must currently be requested and formally registered through a separate legal process.
According to the explanatory notes accompanying the proposal, the current arrangement no longer reflects social reality. Increasingly, couples in Curaçao live together without marrying and have children in those circumstances. The proposed amendment seeks to reduce the legal distinction between married and unmarried parents when it comes to parental authority.
The change is also intended to prevent practical complications. Under the current system, it frequently occurs that a father recognizes a child but the parents forget to apply for joint parental authority. In such cases, the father cannot legally make decisions about important matters such as schooling, medical treatment, or the child’s place of residence.
The proposed amendment would therefore introduce a new general rule: joint parental authority arises automatically when a child is recognized.
There would still be exceptions. In specific situations the mother would continue to exercise sole parental authority, for example when a guardian has been appointed or when the parents explicitly declare that they do not wish to have joint authority.