Adoption in the Netherlands is pronounced by the court and permanently changes a child’s legal parentage: the adoptive parent becomes the legal parent, with everything that follows for authority, maintenance, surname and inheritance, and the family law ties with the original parent are severed except where the adoption is by the partner of a legal parent.
Most adoption applications in the Netherlands today are domestic ones by a stepparent, foster parent or guardian who has been caring for the child for years. Intercountry adoption is a separate matter and is being phased out; our article on adoption law in the Netherlands covers that.
The conditions
Two requirements run through every application. The adoption must be in the child’s interest, and it must be established that the child has nothing further to expect from his or her original parent or parents in the capacity of parent. That second condition is what the court examines most closely, and it is factual: what contact there has been, over what period, and what role the original parent has actually played.
Alongside that come conditions of a more formal kind. The adopter must have cared for and raised the child for a period before the application. Where the adopters are partners, they must have lived together for a prescribed period. The child’s original parents are heard, and a parent’s objection can stand in the way of the adoption, although the court can pass over it in defined circumstances. A child of twelve or older is heard and can oppose the adoption; younger children may also be heard where the court considers it appropriate.
The procedure
The application is made by petition through a lawyer. The Child Care and Protection Board is usually asked to advise, and its report on the child’s situation and interests carries real weight. Interested parties, including the original parents, are given the opportunity to be heard, and a hearing normally follows.
If the adoption is pronounced and the decision becomes final, it is recorded in the civil status records. The effects date back to the date of the application in certain respects, and the child’s surname is settled in the same decision.
What adoption is not
Adoption is not the only way to give a caring adult a legal position, and it is not always the right one. Where the aim is authority to take decisions, joint authority or guardianship may achieve it without severing legal ties. Where the aim is legal parenthood in a two-mother family, acknowledgement may be available and is considerably simpler. Because adoption is irrevocable in practice, it is worth establishing first whether a lighter instrument does what is actually needed.
Frequently asked questions
Can a stepparent adopt without the other parent’s consent?
It is possible. An objection by a parent does not automatically block the adoption; the court weighs it, and it can be passed over where the statutory grounds are met. These are the cases in which the evidence of the parent’s actual role matters most.
Does the child keep contact with the original family?
Adoption ends the legal family ties, but contact arrangements with an original parent or grandparent can still be made where that is in the child’s interest.
Can an adoption be reversed?
Only in narrow circumstances, on the application of the adopted person within a limited period after reaching adulthood. In practice adoption should be treated as permanent.
Advice
These applications turn on the child’s history and on how it is evidenced, and they are often decided before the hearing on the strength of the file and the Board’s report. Our family lawyers assess the prospects, prepare the petition and represent applicants and objecting parents alike. Please contact Law & More.
