Adoption

Adoption is the court decision by which a child comes to stand in a legal family relationship to the adoptive parents, while the tie with the original parents is severed. It takes effect across the board: name, authority, maintenance and inheritance.

Legal basis

Articles 1:227 and 1:228 of the Dutch Civil Code set out the conditions. The adoption must be manifestly in the child’s interests, it must be established that the child has nothing further to expect from its original parents, and on the day of the application the child must not still count as the adopter’s grandchild. Adoption by two people together requires that they have lived together for at least three consecutive years. Adoption by one person requires a year of care; adoption by two requires joint care for at least a year. Parents aged twelve and over are heard, and a child of twelve or over may object. Intercountry adoption is additionally governed by the Placement of Foreign Children for Adoption Act and the 1993 Hague Adoption Convention.

How it works in practice

The most common form is step-parent adoption, where a parent’s partner adopts the child. The same conditions apply, the core being that the non-caring parent has nothing further to offer. Proceedings are brought by petition to the district court, with mandatory representation by a lawyer. Once granted, the decision is recorded in the civil status registers and a change of surname can follow.

Where it goes wrong

Applications fail on the condition that the child has nothing further to expect from the original parent; limited contact alone is not enough. A second error is underestimating the child’s right to be heard. Third, recognition in the Netherlands of a foreign adoption decision is often taken for granted, whereas it has conditions of its own.