Residence in the Netherlands through Birth
Obtaining residence in the Netherlands through birth is one of the ways to immigrate to this country and also to obtain citizenship and Dutch passport.
A child born in the Netherlands does not automatically receive Dutch residency or citizenship, unless one parent is a Dutch citizen. Stateless children may apply for citizenship only after living in the Netherlands for five years. Since the Netherlands follows the jus sanguinis (right of blood) principle, birth alone doesn’t grant residency.
For comprehensive information on how to immigrate to the Netherlands or various immigration pathways, please contact Malekpour Institute for a free initial consultation. In the comments section, you can also ask your questions and receive answers shortly.
The Law of Obtaining Residence in the Netherlands through Birth
In the Netherlands, the birth of a child does not grant residence to parents, except under specific conditions. The citizenship law and residence in the Netherlands are based on *jus sanguinis* (right of blood) rather than *jus soli* (right of soil).
This means that being born on Dutch soil does not automatically lead to residence or citizenship unless one of the parents is a Dutch citizen. However, if a child is born in the Netherlands and one of the parents has legal or permanent residence, the child can obtain Dutch citizenship, and in some cases, parents may also benefit in the long term from this status to apply for residence or extend their residence.
Each case, however, is considered separately by the Immigration and Naturalization Service (IND).
Conditions for Obtaining Residence through the Birth in the Netherlands
A child born in the Netherlands acquires Dutch citizenship only if at least one parent is a Dutch citizen at birth. If the child is born abroad, Dutch citizenship is possible if the parents are Dutch and register the birth properly.
Stateless children can apply for Dutch citizenship after five years of legal residence. In special cases, children raised in the Netherlands without legal status but who are integrated into Dutch society may gain citizenship through the optieprocedure.
Parents cannot automatically obtain residence in these cases unless they also meet specific immigration criteria.
Required Documents for Obtaining Residence in the Netherlands through Birth
To apply for Dutch citizenship by birth, you’ll typically need:
- Child’s Dutch birth certificate
- Parents’ passports or residence cards
- Proof of Dutch citizenship of parents (if applicable)
- Proof of legal residence in the Netherlands (for stateless children)
- Official application forms
- Passport photo (meeting Dutch standards)
If documents are foreign, translations and legal attestations may be required. Applications are submitted to the Dutch Immigration and Naturalization Service (IND) and may take several months to process.
Obtaining Residence in the Netherlands through Adoption
Obtaining residence through adoption in the Netherlands is subject to precise and legal procedures. If a non-Dutch child is adopted by citizens or holders of permanent residence in the Netherlands, the international adoption process must go through reputable organizations such as *Stichting Adoptievoorzieningen* and be confirmed by the Dutch Ministry of Justice.
One of the main conditions is proving the absence of a criminal record for the parents, financial capability to take care of the child, and legal residency in the Netherlands. Once the child is officially adopted, they can obtain a residence permit in the Netherlands, and after five years of continuous and successful residence, they may apply for citizenship.
In some cases, if the child is adopted at a young age and lives with Dutch parents, they may be able to apply for citizenship earlier.
Advantages of Residence in the Netherlands through Birth
Although birth in the Netherlands does not by itself lead to parental residence, it can aid in the legal residence process of the family under certain circumstances. The advantages are as follows:
- The child’s access to free or low-cost health, educational, and social services
- The right to free education
- State health insurance
- The possibility of legal work for parents (if they obtain residency)
- Access to social protection
- The possibility of obtaining permanent residency and ultimately citizenship for parents
Costs of Childbirth in the Netherlands
The costs of childbirth in the Netherlands vary depending on the type of delivery (natural or cesarean), the place of delivery (hospital, home, or birthing center), and the mother’s health insurance coverage. In general, the Dutch healthcare system covers a significant portion of childbirth costs through insurance, although there are instances where additional payments may be required.
- Giving birth in the Netherlands with basic insurance (Basisverzekering)
Mandatory basic insurance in the Netherlands covers most costs of natural childbirth either in a hospital or at home, as long as the doctor or midwife deems the delivery to be low-risk. In this case, there would be no cost for the patient. If childbirth occurs in a hospital by personal request and not for medical reasons, a fee of around €300 to €400 may be charged to the mother.
- Cesarean section in the Netherlands
Cesarean deliveries are more expensive than natural deliveries and are usually performed only for medical reasons. This type of delivery occurs in a hospital, and its costs are almost fully covered by insurance, provided a medical referral is available.
- Giving birth in specialized birth centers
In these centers, insurance also covers a large portion of expenses. In some cases, an amount of about €300 may be required as a patient’s contribution.
- Giving birth in the Netherlands in a hospital for medical reasons
If the doctor determines that childbirth must occur in the hospital (for health reasons or potential risks), insurance covers all expenses.
Other associated costs:
- Antenatal and midwife visits: free of charge under insurance
- Prenatal classes: sometimes between 100 and 200 euros and partially reimbursed by supplementary insurance
- Postpartum midwifery care (Kraamzorg): provided for the first 8 days after birth and almost fully covered by insurance (except for a small daily deductible, around 4.80 euros per day)
Frequently Asked Questions about Residence in the Netherlands through Birth
- Does the birth of a child in the Netherlands lead to receiving residence for the parents?
No, simply being born in the Netherlands does not lead to the automatic residence of the parents unless one of the parents has Dutch citizenship or permanent residency.
- Under what circumstances can a child born in the Netherlands apply for Dutch citizenship?
If one of the parents has Dutch citizenship at the time of the child’s birth, or if the child is stateless and has lived continuously in the Netherlands for at least five years, they can apply for citizenship.
- Does adoption from another country lead to obtaining residence in the Netherlands?
Yes, after following the legal international adoption procedures and officially adopting the child into a family residing in the Netherlands, the child can obtain residence.
- Does being born in the Netherlands grant citizenship based on “jus soli”?
No, the Dutch citizenship system is based on “jus sanguinis.” Being born on Dutch soil alone is not a criterion for acquiring citizenship.
- Does health insurance cover childbirth costs in the Netherlands?
Yes, basic insurance in the Netherlands covers a significant portion of childbirth costs; however, in cases of non-medical childbirth in a hospital, part of the costs may be the responsibility of the mother.
Conclusion:
While the birth of a child in the Netherlands does not automatically grant residence or citizenship to the parents, it may help facilitate the process in certain cases. The Dutch immigration system reviews each case based on legal procedures and proper documentation. Consulting with expert advisors at the Malekpour Institute or checking official IND guidelines can help parents better understand and navigate the path to Dutch residence through childbirth or adoption.
