How do I name a guardian for my child after my death?
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Detailed explanation, checklist and sources
In the Netherlands you can name a guardian in the custody register or in a will. Online registration with the court is free. Naming someone does not give them parental responsibility now: they decide whether to accept when guardianship is needed. First check who currently has parental responsibility.
On this page
1. Check parental responsibility
This guidance concerns a Dutch nomination for a child under eighteen. If both legal parents have parental responsibility and one dies, the surviving parent exercises it alone; your nominee does not replace that parent. Sole responsibility, joint responsibility with a non-parent and international circumstances need separate assessment. A parent without current responsibility can make a nomination, but it takes effect only if that parent had parental responsibility when they died.
Rechtspraak · Een voogd aanwijzen, wijzigen of verwijderen ↗
2. Choose the person and arrangement
You may name one or two people. For two people, choose joint guardianship or an order in which one person should be asked; joint guardianship has additional conditions. Discuss willingness, care and practical wishes beforehand, although prior consent is not mandatory. The nominee may later refuse. Guardianship is different from deciding who inherits or manages your estate.
Rechtspraak · Een voogd aanwijzen, wijzigen of verwijderen ↗
3. Choose the register or a will
For the nomination alone, the custody register is an option; a notarial will is not compulsory. A will allows you to discuss other wishes with a notary. For this purpose, register and will nominations have the same effect; the most recent nomination applies. Parents can nominate together or separately. If both parents with responsibility die having nominated different people, a court decision is needed.
Rechtspraak · Een voogd aanwijzen, wijzigen of verwijderen ↗
4. Prepare the official application
Use the official Rechtspraak page. Online, your child must be registered in the Dutch BRP and you need your DigiD and the child's BSN. A joint application also requires the other parent's BSN and own DigiD; that parent checks and completes the application. On paper, use the official form for each child with an original certified birth-certificate extract no more than three months old and a copy of valid identification for each applicant. Do not enter BSNs or identity documents in our preparation tool or public chat.
Rechtspraak · Een voogd aanwijzen, wijzigen of verwijderen ↗
5. Check registration and changes
Online nomination is free, with no court fee. Obtaining documents for a paper application may involve municipal charges. Rechtspraak states that a register extract is sent within two weeks: check the child and nominees and ask the court for an update if it does not arrive. To replace or add a nominee, complete the whole form again. Removal alone uses a separate signed letter and documents; follow the official instructions, including those for a joint nomination.
Rechtspraak · Een voogd aanwijzen, wijzigen of verwijderen ↗
6. Keep your records and get targeted help
Keep the extract and any will details securely, and revisit your choice when family circumstances change. Acceptance happens when guardianship becomes necessary, not through this checklist or nomination alone. Another legal parent may still seek parental responsibility in some situations; obtain individual advice in a dispute. Our preparation does not register, send or appoint anyone. Use the official route yourself; use our own help request for a legal dispute.
Rechtspraak · Een voogd aanwijzen, wijzigen of verwijderen ↗
Can my nomination exclude the other parent?
Not automatically. Where both legal parents have parental responsibility, the survivor exercises it alone. The other legal parent may also have rights in other arrangements. Get advice on your situation: naming a guardian is not a court decision against that parent.
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- Child, legal parents and current parental responsibility
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Rechtspraak · Een voogd aanwijzen, wijzigen of verwijderen ↗Rijksoverheid · Gezag na overlijden van een ouder ↗Rechtspraak · Procedures over voogdij ↗Sources may be in Dutch. General information about Dutch law, not individual legal advice.