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. 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
– 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.
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.
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.
Our lawyers will guide you every step of the way, including
- 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.
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. The wrong approach can reduce your chances of success. 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.
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.
We have successfully helped many families through complex adoption procedures. We understand the importance of tailoring our services to each individual case.
Your adoption starts here
Would you like to know more about your options for adult adoption or other family law matters? Contact us today. We are here to help you every step of the way.