Child Adoption in the Netherlands: Rules and Procedure

Adopting a child in the Netherlands is still possible, but only through a Dutch court and under strict conditions in Book 1 of the Dutch Civil Code (Burgerlijk Wetboek, BW). The main exception is intercountry adoption: since 21 May 2024 no new procedures for adopting a child from abroad are started, and the government is winding down intercountry adoption altogether by the end of 2030.

This page deals with the adoption of a minor. Adoption of someone who is already an adult is governed by different rules and is only granted in exceptional cases — that is covered in adopting an adult in the Netherlands.

Domestic adoption is unaffected by the phase-out and continues under the ordinary rules: the court pronounces the adoption, it must be in the clear interest of the child, and it permanently changes the child’s legal parentage. Below we explain who can adopt, how the procedure works, what the phase-out means for families who are already in an intercountry procedure, and what expats and their employers should take into account.

Dutch legal advisor with couple in law office

Table of Contents

Infographic overview of Dutch child adoption laws and process for 2025

Who can adopt a child in the Netherlands?

Two people together or one person alone can adopt a child, but only through a decision of the court (rechtbank). The court grants the adoption only if the strict conditions of articles 1:227 and 1:228 BW are met.Dutch adoption law does not start from the wish of the adults. It starts from the position of the child. That is why the conditions focus on the child’s interests, on the bond that already exists between the child and the adoptive parents, and on the position of the original parents. The adoptive parents must have cared for and raised the child for at least one year, must be at least eighteen years older than the child, and the adoption must be in the clear interest of the child. A couple must also have lived together for at least three years.According to article 1:227 BW, adoption takes place through a court decision at the request of two persons together or of one person alone. Two persons who apply together must have lived together for at least three consecutive years immediately before the request. That requirement does not apply if the child was born within their relationship. Marriage or a registered partnership is therefore not required: an unmarried couple that meets the cohabitation requirement can also adopt. A single person can adopt as well.The court may grant the adoption only if it is in the evident interest of the child (kennelijk belang van het kind). In addition, it must be established, now and for the future, that the child has nothing more to expect from its original parent or parents in their role as parent. This is a high threshold. The court looks at the actual situation of the child, not at what would be convenient for the adults.Article 1:228 BW adds further conditions. The most important are:
  • the child is a minor on the day the request is filed;
  • a child of twelve or older must not object to the adoption at the hearing; the same applies to a younger child who is able to form a reasonable view of its interests;
  • the child is not a grandchild of the adoptive parent;
  • each adoptive parent is at least eighteen years older than the child;
  • neither of the original parents objects to the request;
  • the adoptive parent or parents have cared for and raised the child for at least one year;
  • the original parents do not have (or no longer have) parental authority over the child, with an exception for adoption by the partner of a parent.
An objection from a parent does not always block the adoption. Under article 1:228 paragraph 2 BW the court can set the objection aside in specific situations. Examples are a parent who has hardly ever lived with the child, a parent who has abused parental authority or seriously neglected the child’s care and upbringing, and a parent who has been convicted of certain serious offences against the child.Article 1:227 BW contains a separate rule for a child conceived through artificial donor insemination where the identity of the donor is unknown. In that case the court grants the adoption by the partner of the mother unless it is clearly not in the child’s interest.

What is happening to intercountry adoption?

No new intercountry adoption procedures have been started since 21 May 2024. On 10 December 2024 the government decided to wind down intercountry adoption over six years, so that it ends in 2030.On 21 May 2024 the government announced that new intercountry adoption procedures would no longer be started with immediate effect. Fiom, the organisation that handled new registrations, stopped accepting them. Families who already had a so-called BKA number (Buitenlands Kind ter Adoptie) could continue their procedure. The government did warn them that their procedure might not be completed.On 10 December 2024 the government set out the wind-down plan. According to the questions and answers the government published with it, matching proposals can be submitted until 1 May 2030, and the wind-down period ends on 18 December 2030. The government also pointed out that the number of applicants is high compared with the number of children placed each year. For applicants at an early stage, the chance of a completed adoption is therefore limited.The government’s reasoning is that children are best helped if they can grow up in a safe environment within their own country, region or culture. The decision followed earlier investigations into abuses in intercountry adoption in the past.For you, this means in practice:
  • if you do not yet have a BKA number, a new intercountry adoption through the Dutch system is no longer possible;
  • if you are already in a procedure, the deadlines of the wind-down plan apply and completion is not guaranteed;
  • adoption of a child who already lives in your family, for example a stepchild or a foster child, falls under the ordinary domestic rules and is not affected.

Is adoption within the Netherlands still possible?

Yes. Adoption of a child who lives in the Netherlands continues under articles 1:227 to 1:232 BW. Because the law requires at least one year of care and upbringing before the request, domestic adoption usually concerns a child who already lives with you.Typical situations are adoption by the new partner of a parent (stepparent adoption) and adoption by foster parents who have raised a child for a long time. In a stepparent adoption, the parent who already has parental authority keeps it. After the adoption, that parent and the adoptive parent have joint authority over the child. Multicultural Dutch adoptive family at home For expats, domestic adoption raises a few specific points. You need to know whether the Dutch court has jurisdiction, which law applies to the adoption, and whether the adoption will be recognised in your home country. A Dutch adoption is not automatically recognised everywhere. It is wise to check this before you file the request, especially if you may move back or move on to another country later.An adoption is a lasting decision. It changes the legal relationship between the child and both the adoptive and the original family. The court therefore looks carefully at the whole situation, including the child’s own view. You file a request (verzoekschrift) with the court. The court then examines whether all legal conditions are met and whether the adoption is in the child’s clear interest, and decides after a hearing.The procedure is a court procedure, not an administrative one. There is no agency that decides on a domestic adoption. The decision lies with the judge, who weighs the evidence and hears the people involved.

What happens before the court application?

Before you file, check that the waiting periods have been met: at least one year of care and upbringing and, for a couple, at least three consecutive years of living together. Also find out whether the original parents agree.A request can fail if one of the conditions has not yet been met on the day it is filed. Count the periods carefully. The one-year care period and the three-year cohabitation period must both have passed before the request is filed.It also helps to talk to the original parents early, where this is possible and safe. An objection from a parent can only be set aside in the limited situations of article 1:228 paragraph 2 BW. If a parent objects and none of those situations applies, the court cannot grant the adoption.For an intercountry adoption, the preparation was different. Applicants first needed a permission in principle (beginseltoestemming) and a BKA number before a matching proposal could follow. As explained above, new applicants can no longer enter that route. The court needs proof of identity, civil status and the family situation, such as birth certificates, any marriage or partnership certificate, and proof of how long you have lived together and cared for the child. Foreign documents usually have to be legalised or apostilled and translated.Which documents you need depends on your situation. In general the court wants to see who the child’s legal parents are, who has parental authority, where the child lives and since when, and how long the adoptive parents have lived together. For a stepparent adoption, the court will also want to know about the relationship between the child and the other original parent.If documents come from abroad, check early whether they need an apostille or legalisation and a sworn translation. Gaps or contradictions in documents can cause delay. Make sure names, dates and places are consistent across all documents.The court decides for itself which further information it needs. It can ask for additional information or hear other people involved before it decides. If the conditions are met, the court pronounces the adoption. The adoptive parents then become the child’s legal parents, and the legal family ties with the original parent or parents they replace end.At the hearing the court hears the adoptive parents and, where possible, the original parents. A child of twelve or older is invited to give his or her view, and the court may also invite younger children. A child of twelve or older who objects at the hearing blocks the adoption.Dutch adoption is a full adoption. The child obtains the position of a child of the adoptive parents. A child can never have more than two legal parents. That is why, in a stepparent adoption, the legal tie with the other original parent ends.The adoption can also affect nationality. According to the IND, a child automatically becomes a Dutch national through adoption if the child is under eighteen, one of the adoptive parents is Dutch, the adoption took place under the Hague Adoption Convention or Book 10 of the Dutch Civil Code, and the legal family ties with the original parents have been completely broken.

What does this mean for expats and international employers?

For expats, the main consequence is that a new intercountry adoption through the Netherlands is no longer possible. Domestic adoption, for example of a stepchild, remains available. Employers mainly deal with adoption leave and with employees whose family situation is in transition.Many expats who wish to adopt a child from abroad will now have to look at other options, such as the rules of their home country. For families who live in the Netherlands, those options depend heavily on the law of that country and on how the Netherlands will recognise a foreign adoption.

Is an employee who adopts entitled to leave?

Yes. An employee who adopts a child is entitled to a maximum of six weeks of adoption leave (adoptieverlof), with a benefit from the Employee Insurance Agency (UWV).According to the government, the leave can start four weeks before the child joins the family and must end no later than 22 weeks after the child’s arrival. The employee can take up to six consecutive weeks within that period of 26 weeks, or spread the leave over those 26 weeks.During the leave, UWV pays an adoption benefit (adoptie-uitkering). For employees, the benefit amounts to 100% of the daily wage (dagloon), up to the statutory maximum. If the employer applies for the benefit, the employee can indicate to whom UWV should pay it. A parent can apply for the benefit once per adoption.For employers, it is useful to explain these rules in your leave policy. That avoids uncertainty for employees who are going through an adoption, which is often a long and uncertain process. A foreign adoption can be recognised in the Netherlands, but this depends on where and how the adoption took place. The rules are in the Hague Adoption Convention and Book 10 of the Dutch Civil Code.If you adopted a child in another country before moving to the Netherlands, check whether that adoption is recognised here. Recognition matters for the child’s registration, for parental authority and, as shown above, for nationality. A foreign adoption that does not fully break the legal ties with the original parents may have different effects than a Dutch adoption.If the child does not have Dutch nationality, the child may also need a residence permit. Which permit applies depends on the situation, including the nationality of the parents and the type of adoption. We advise you to check this before the child travels to the Netherlands.

How can expats and employers plan ahead?

Start with the legal route: which country’s rules apply, whether the Dutch court is competent, and whether the adoption will be recognised elsewhere. Then plan the practical side, such as leave, documents and residence.For expats, a move during the procedure can complicate matters. The one-year care period and the three-year cohabitation period are counted on the day the request is filed. A move abroad before that date can also affect which court is competent and which law applies.Employers can support employees by giving clear information about adoption leave and by allowing some flexibility for appointments and hearings. Employees, in turn, should inform their employer in good time about the expected start of the leave.An illustrative example: an employee from abroad has lived with her Dutch partner and his eight-year-old son for four years. The son’s mother has had no contact with the child for years. The employee now wants to adopt the boy. Before filing, she checks whether the mother would object, whether one of the grounds of article 1:228 paragraph 2 BW applies, and whether the adoption will be recognised in her home country. She also informs her employer about the expected timing of her adoption leave. Involve a lawyer before you file the request, especially if a parent may object, if there is an international element, or if you are in an intercountry procedure that is affected by the phase-out.Whether you need a lawyer to file the request depends on the type of case. The judiciary (rechtspraak.nl) explains the requirements for each situation. Even where a lawyer is not required, legal advice can prevent a request from being refused because a condition was overlooked. The first questions are simple: have the one-year and three-year periods passed, do the original parents agree, and is there an international element? The answers determine whether a request has a realistic chance.If there is an international element, further questions follow. Which court has jurisdiction? Which law applies? Will the adoption be recognised in the other country? And what does the adoption mean for the child’s nationality and residence?For families in an intercountry procedure, the key question is how the deadlines of the wind-down plan affect their case, and what options remain if the procedure cannot be completed. A lawyer checks the conditions, prepares and files the request, collects the documents and represents you at the hearing. Where a parent objects, the lawyer sets out why one of the statutory grounds to set the objection aside applies.In family law matters we also look at related questions. Think of parental authority, the child’s surname, maintenance and, for international families, recognition abroad. Dealing with these questions at the same time avoids separate procedures later on.We cannot predict the outcome of an adoption request. The court decides independently, with the child’s interests as the guiding principle.

What can you prepare yourself?

Collect the civil status documents of everyone involved, keep proof of your shared address and of how long you have cared for the child, and write down the history of the child’s contact with the original parents.Proof of living together can include a joint tenancy agreement, registration in the Personal Records Database (BRP) at the same address, or other documents that show a shared household. Proof of care and upbringing can include school records and other documents that show the child has lived with you.Also think about how you will involve the child. The court takes the child’s view seriously. Explain the procedure to the child in a way that suits his or her age.

In summary

  • Adoption in the Netherlands always takes place through a court decision and must be in the clear interest of the child (article 1:227 BW).
  • The adoptive parents must be at least eighteen years older than the child and have cared for the child for at least one year; a couple must have lived together for at least three consecutive years.
  • No new intercountry adoption procedures have been started since 21 May 2024; the wind-down ends in December 2030.
  • Domestic adoption, such as stepparent or foster parent adoption, remains possible under the ordinary rules.
  • An employee who adopts is entitled to up to six weeks of adoption leave with a UWV benefit.

Frequently asked questions

What are the new adoption rules in the Netherlands?

Since 21 May 2024 no new intercountry adoption procedures have been started. In December 2024 the government decided to wind down intercountry adoption over six years, until the end of 2030. Domestic adoption under Book 1 of the Dutch Civil Code has not changed.

Who can adopt a child in the Netherlands?

Two people together or one person alone. Each adoptive parent must be at least eighteen years older than the child (article 1:228 BW) and must have cared for the child for at least one year. A couple must have lived together for at least three consecutive years (article 1:227 BW). The court also checks that the adoption is in the child’s clear interest.

Can expats still adopt a child from abroad through the Netherlands?

Not as a new procedure. Only families who already had a BKA number when the stop took effect can continue, and the wind-down deadlines apply to them. Adoption of a child who already lives in your family, such as a stepchild, remains possible under the ordinary Dutch rules.

Does an adopted child become a Dutch national?

A minor child becomes Dutch automatically if one of the adoptive parents is Dutch, the adoption took place under the Hague Adoption Convention or Book 10 of the Dutch Civil Code, and the legal ties with the original parents have been completely broken. Otherwise the child may need a residence permit.

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