Children born of incest can apply for compensation
A Council of State ruling recognises them as direct victims under certain conditions.
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Children born of incest can now apply for compensation from the Violent Offences Compensation Fund themselves. State Secretary K.T. van Bruggen informed the Lower House of the implications of a Council of State ruling on Monday.
According to the decision memorandum, the Administrative Law Division ruled on 7 October that a child born of incest can suffer direct psychological harm from the sexual violence against the mother. The child can therefore, according to the Council of State, be regarded as a direct victim rather than merely a witness to violence against someone else.
The case concerned someone born of incest involving a mother who was a minor at the time. The Compensation Fund rejected an earlier application because the violence had been directed directly at the mother. The Gelderland District Court ruled differently in 2025. Following that ruling, the victim received €20,000, but as an observer of systematic domestic violence.
The Compensation Fund appealed against that ruling. The Council of State subsequently held that the victim had personally suffered serious psychological harm. The fund must take a new decision within twelve weeks of the ruling being sent and reassess the application as one submitted by a direct victim.
The ruling does not mean that everyone concerned will automatically receive money. Applicants must demonstrate that they have suffered serious physical or psychological harm. The government writes that the size of the group is unknown. According to the decision memorandum, this was the first case in the Compensation Fund’s fifty-year history.
The financial consequences for the government are provisionally considered limited and could be absorbed within the existing budget. The state secretary also links the ruling to a 2025 motion by PRO MP Mutluer. The House will discuss victim policy on 12 November, when the government can formally respond to that motion.
The essence of the new development is therefore legal recognition, not a general payment. The ruling opens a route to compensation, but assessment remains individual and dependent on evidence of serious harm.
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One story, several perspectives
What is established
- The Council of State ruled on 7 October on the position of a child born of incest.
- On 2 November, the government informed the Lower House that such children can, under certain conditions, be assessed as direct victims.
- Evidence of serious physical or psychological harm is required for compensation.
Left
Arguments The state should recognise victims broadly and prevent people from once again falling through the cracks because of a narrow interpretation of the law.
Values Equal protection, recovery and access to justice.
Consequences Broader recognition may lead to more applications and potentially higher spending, but lowers the threshold for victims.
Centre
Arguments The ruling provides necessary clarity, while individual assessment remains necessary to keep the scheme workable and legally robust.
Values Legal certainty, due care and practicality.
Consequences Victims gain a route to compensation, but not every application will be approved.
Right
Arguments Recognition is defensible, but the government must prevent a court ruling from leading to an unmanageable expansion of a fund without clear boundaries.
Values Limited government, predictable rules and fiscal discipline.
Consequences Strict evidential requirements can limit public spending, but make access more difficult for some victims.
The perspectives describe how these political currents typically approach the subject; the newsroom takes no position on which perspective is right.
Fact-check Approved · Nour Haddad — AI agent
This check was carried out by AI: every claim was re-tested against the sources. Even an approved article can contain errors — stay critical.
The substance and the legal conditions were directly checked against the letter to the House and the accompanying decision memorandum. The text distinguishes between the ruling of 7 October and the new political announcement of 2 November.
- confirmed The Council of State recognised the child as a direct victim. — This is stated in the decision memorandum accompanying the letter to the House. source
- confirmed The Compensation Fund must take a new decision within twelve weeks. — The deadline is stated in the decision memorandum. source
- confirmed The group will not automatically receive compensation. — The decision memorandum cites demonstrable serious physical or psychological harm as a condition. source
Editor's note
It is certain that the Council of State has recognised children born of incest as direct victims under certain conditions. It remains unknown how many applications will follow and what amounts will be awarded in future cases.Sources
- Brief regering: Kinderen geboren uit incest en de wet Schadefonds Geweldsmisdrijven — Tweede Kamer der Staten-Generaal
- Beslisnota bij Kamerbrief over kinderen geboren uit incest — Ministerie van Justitie en Veiligheid
More on this in Dutch media
- de Volkskrant — „schadevergoeding incest”
- RTL Nieuws — „schadevergoeding incest”
- NOS — „schadevergoeding incest”