What does revocation of adoption entail?
Revocation of adoption means the legal withdrawal of an adoption decision. This severs the family law bond between adoptive parents and child. In the Netherlands, this falls under Article 1:231 of the Dutch Civil Code (BW), and for Westland, the District Court of The Hague (district) handles these cases.
The conditions for adoption revocation are particularly strict, because adoption is normally irrevocable. Only in extreme cases will the court disrupt the child's stability. The Juridisch Loket Westland can advise on your options.
Legal basis: Article 1:231 BW
According to Article 1:231 BW, the court may revoke the adoption if the interests of the minor so require. Judges are very cautious here, with a focus on child welfare. Think of cases of deception, mistake or a completely disrupted parent-child relationship.
Conditions for revocation of adoption
1. Priority for the child's best interest
The best interests of the minor child is central. The court weighs whether revocation is more beneficial than continuation. Important aspects:
- Age and wish of the child
- Quality of the bond with adoptive parents
- Contact with biological family
- Psychological and emotional development
- Upbringing stability
2. Who can file a request?
Only specific parties may file a request with the District Court of The Hague:
- Adoptive parents (jointly or individually)
- Adopted child (from age 12)
- Biological parents (limited)
- Public Prosecution Service
3. Time limits
There is no fixed term for revocation during minority. After age 18, the child's consent is required. Long-term adoptions make revocation more difficult due to rootedness in the family.
Procedure at the District Court of The Hague
Step 1: Filing the request
Start with a petition at the District Court of The Hague, including:
- Details of the parties involved
- Motivation in relation to the child's best interest
- Adoption decision and supporting documents
- Expert reports
Step 2: Investigation by the Child Care and Protection Board
The court involves the Child Care and Protection Board for a thorough investigation, including interviews with the child, parents and others.
Step 3: Hearing and judgment
At the hearing, parties are heard; children from age 12 separately. The judge issues a ruling.
Step 4: Appeal
Within 3 months, appeal is possible at the court of appeal.
Effects of adoption revocation
Legal consequences
| Aspect | Effect after revocation |
|---|---|
| Family law | Bond with adoptive parents ends |
| Surname | Changeable on request |
| Parental authority | Lapses for adoptive parents |
| Inheritance law | No inheritance succession anymore |
| Maintenance | Possibly limited continuation |
| Nationality | Remains intact |
Practical impact
Revocation also brings emotional and daily changes, such as living and school situations. Contact Juridisch Loket Westland for guidance.