WILLEMSTAD - The Civil Registry does not have the authority to revoke Dutch nationality of a foreign child recognized by a Curaçaoan father. This is a court decision.
In its verdict dated August 23, 2022, the Court of First Instance revoked the letter of interim head of the Civil Registry of October 3, 2022, in which it informs the person with the initials L.R. that the act of recognition in 1990 in Santo Domingo is null. This is because his father was married to another woman who is not his mother, which is contrary to Article 330, paragraph b, of the Civil Code of the Dutch Antilles. According to the Civil Registry, the consequence of this annulment is that L.R. never became Dutch and did not receive the family or family relationship with his father. The Civil Registry informs L.R. that they will register him with his mother's family and change his Dutch nationality to Dominican nationality.
In its verdict, the Court stated that neither the head of the Civil Registry nor the Minister of Government Services has the authority to change nationality or family status. The procedure to change nationality and family status must go through the Court according to Article 1:24 of our Civil Code, where a judge can give the Civil Registry an order to make the necessary changes. No changes can be made without a court order.
The Court also addressed the fact that the Supreme Court (Hoge Raad) since 1989 and the Court in Curaçao itself in 2021 ruled that the prohibition of Article 330, paragraph b, of the Civil Code of the Dutch Antilles, which prohibited married men from recognizing their children born outside of marriage, goes against Article 8 of the European Convention on Human Rights regarding "family life," which is why Article 330, paragraph b, must be disregarded. Meanwhile, in 2001, Article 330, paragraph b, was removed from the Civil Code, allowing married men to recognize their children born outside of marriage.
In its conclusion, the Court ruled that L.R.'s appeal is based. The Court revoked the letter of the interim head of the Civil Registry. As a result, this letter no longer exists, and the Civil Registry will have to provide L.R. with his ID card, residence permit, and passport as a Dutch citizen.