Adopting An Adult In The Netherlands

Do you have a close relationship with an adult foster child, stepchild or someone you consider to be your own child? Would you like to formalise this special relationship through adoption, but you think it is not possible because the person is already an adult? Good news: in the Netherlands, it is indeed possible to adopt an adult in exceptional cases. Although strict conditions apply, special circumstances and a solid legal basis can be the key to a successful adoption application. Foster care is an option for individuals wishing to add to their family. In this blog we discuss the legal possibilities and how we can help you.

Why choose adult adoption?

Adult adoption is not just about legal formalities. It offers emotional and practical benefits, including the fact that adopting a child domestically in the Netherlands is less common compared to adopting children from abroad. About 700 children from other countries are adopted every year in the Netherlands.

– A legally recognised family relationship: This can be important in gaining shared rights and responsibilities within the family.

– A sense of stability and acceptance: For both adopters and adoptees, adoption can provide emotional peace and connection.

– Symbolic value: Formalising the bond shows mutual recognition and love, which can be important in personal relationships.

Expanding on these benefits, adult adoption can also simplify matters related to inheritance rights, making sure the adoptee is legally entitled to inherit from the adoptive parent as a natural child would. It can also facilitate decisions regarding healthcare and financial matters, granting the adoptive parent legal authority to act on behalf of the adoptee if necessary. This legal recognition can be particularly valuable in cases where the adult adoptee has no existing family ties or where those ties are complicated or estranged.

What does the law say about adoption by adults?

The basis for adoption in the Netherlands is laid down in articles 1:227 and 1:228 of the Civil Code (BW). In principle, adoption is only possible if the application is made before the child reaches the age of 18. There are only limited exceptions for adults. In such cases, the court will consider special circumstances and the right to family life as protected by Article 8 of the European Convention on Human Rights (ECHR).

When can an adult be adopted?

Although the minority requirement is an important threshold, there are situations in which adoption of an adult may be justified. For example, judges may take the following into account

Long-term parent-child relationship: If there is a close relationship similar to a traditional parent-child relationship, this may be a deciding factor.
Special circumstances: Trauma, an unstable childhood or other life-defining experiences may make adoption necessary for the adult’s personal development.
Absence of biological parents: If the biological parents are not (or no longer) involved in the adult’s life, or if they explicitly consent to the adoption, this increases the likelihood of a court decision.
Psychological and emotional stability: If adoption can contribute to the mental peace and identity development of the adoptee, this is considered an important argument.
Timing of the application: The application should be carefully substantiated with reasons why the adoption was not applied for earlier, e.g. ignorance of legal options or a recently formed parent-child bond.

However, it is important to stress that the above circumstances are not the only factors that will be taken into account by the judge. Each situation is unique and will be assessed in its entirety. The judge will carefully consider all relevant legal, emotional and practical issues. Evidence such as statements, reports and concrete examples of the parent-child relationship will be crucial in convincing the judge. Only through a full analysis of your specific situation can the adoption application be successfully substantiated. Our firm has extensive experience in presenting such complex situations.

In addition to these factors, the court will also consider the wishes and consent of the adult to be adopted, ensuring that the adoption is in line with their personal desires and best interests. The process respects the autonomy of the adult and aims to avoid any form of coercion or undue pressure. It is worth noting that international adoption was frozen from February 2021 to November 2022 due to concerns about past practices.

How does the adoption process work?

The process begins with a thorough analysis of your situation. Then, if you decide to proceed based on the findings, we can draft a proper petition. You must start the adoption process by submitting a request to the court in the Netherlands. It is also essential to note that you must be a permanent resident in the Netherlands to adopt a Dutch child.

Our lawyers will guide you every step of the way, including ensuring that you have the necessary legal representation, as a lawyer is required to submit a request to the court for adoption in the Netherlands. When adopting from a Hague Convention country, the adoption is often automatically recognized in the Netherlands, simplifying the legal process. However, if you adopt a child outside of the Netherlands, you need to apply for a Dutch passport for the child and have foreign documents legalised. You may need to translate and legalize the birth certificate before applying for a Dutch passport for your adopted child. The child’s name will appear in the passport as indicated in the birth certificate unless changed prior to application.

Assessing your situation: We look at whether your relationship with the adult meets the legal requirements and what special circumstances we can rely on.
Drafting the petition: This document contains the legal arguments and evidence supporting your case. We set out why adoption in your situation is in the best interests of all concerned.
Court support: We will represent you at the hearing and ensure a strong presentation of your case.
Aftercare and guidance: After the adoption, we will continue to advise you on inheritance and other legal issues. The Hague Adoption Convention, signed by 66 countries in 1993, ensures the best interests of children in adoption processes and provides a framework for international cooperation.

The adoption procedure can be complex and time-consuming, often requiring detailed documentation and sometimes expert reports to support the application. Additionally, the process in the Netherlands can be long and expensive, with the costs of adopting a child from abroad ranging from 10,000 to 40,000 euros or more, making thorough preparation even more crucial to present a convincing case to the court.

Why legal advice is important

Adult adoption requires a thorough knowledge of the legal landscape and a strategic approach. Our firm is experienced in dealing with complex adoption cases and can help you draft a strong petition. Adoption procedures can be long and expensive, regardless of whether the child is from abroad or the Netherlands. For instance, the process of adopting a child from abroad can take three to five years. Together, we will examine the unique circumstances of your situation and build a solid case to make adoption a reality.

Why choose Law & More?

We understand that adult adoption is more than a legal process – it is about family, love and recognition. Our firm combines legal expertise with personal commitment. We are experienced in complex adoption proceedings and know how best to present your case to increase your chances of success. Over the last 50 years, Dutch parents have adopted around 40,000 children from 80 countries, showcasing the importance of adoption in building families. However, it is important to note that in 2023, only 50 intercountry adoptions occurred in the Netherlands, reflecting the ongoing phase-out of intercountry adoption due to past illegal practices. The number of intercountry adoptions has been in a steady decline for years prior to the current phase-out. For example, 70 children were adopted in the Netherlands in 2020 during the COVID-19 pandemic, and 145 children were adopted in 2019. The Dutch government is phasing out intercountry adoption by 2030 due to these concerns.

With our help, you can count on

– A tailored strategy: Every case is unique and deserves a personal approach.

– Clear communication: We explain complicated legal terms in plain language.

– Comprehensive support: from consultation to hearing and beyond.

Single individuals can also start an adoption procedure if they have cared for and raised the child for at least 1 year. If you are married, you can adopt a child regardless of your marital status with your partner or spouse. You must have the new name added to the birth certificate before applying for a passport with an updated name.