Stepparent adoption means that a parent's partner legally adopts the child and thereby becomes a legal parent, together with the biological parent.
When is stepparent adoption possible?
Stepparent adoption can take place under the following circumstances:
- The other biological parent has passed away
- The other biological parent is unknown
- The other biological parent no longer has parental authority
- The other biological parent consents to the adoption
Conditions for adoption
| Condition | Explanation |
|---|---|
| Relationship with the parent | Married, registered partnership or cohabiting for at least 3 years |
| Care for the child | Has cared for the child for at least 1 year |
| Age difference | Stepparent must be at least 18 years older than the child |
| Best interests of the child | The adoption must be in the child's best interests |
Consent required
For stepparent adoption, consent must be given by:
- The partner (the biological parent)
- The other biological parent (if they have authority or contact)
- The child itself, if 12 years or older
Substitute consent via the court
If the other biological parent refuses to give consent, the court may substitute it if:
- The child can no longer expect anything from that parent, or
- The refusal is regarded as an abuse of the right to consent
Consequences of stepparent adoption
- The stepparent becomes the official legal parent
- The legal bond with the other biological parent ends
- The child may take the stepparent's surname
- The child becomes an heir of the stepparent
- The maintenance obligation of the other biological parent lapses
Steps in the procedure
- Submitting a petition to the court via a lawyer
- Investigation by the Child Care and Protection Board
- Handling of the case during a hearing
- Ruling by the judge on the adoption
Will my child maintain contact with the other parent after adoption?
After stepparent adoption, the legal bond with the other parent lapses. Whether contact continues depends on mutual agreements. The court may establish a contact arrangement in its ruling.Can a biological parent block the adoption?
If the biological parent does not give consent, the court may still decide on adoption if it is in the child's best interests and the parent shows no involvement or maintains no contact.Is my child's name automatically changed?
No, a name change must be separately requested at the adoption ruling. The child may bear the stepparent's name or receive a combined name, depending on the court's decision.Frequently asked questions about stepparent adoption
What is the duration of a stepparent adoption procedure?
The procedure usually takes between 6 and 12 months. This includes submitting the petition via a lawyer, an investigation by the Child Care and Protection Board (approximately 3 months) and a hearing before the judge. Objection by the other parent may cause delay.
What does stepparent adoption cost?
The costs are usually between €1,500 and €3,500, including court fees (approximately €300), lawyer's fees (€1,000–€2,500) and any investigation costs. For low income, subsidized legal aid may be available. Ask a lawyer for an estimate.
Can my child get a double surname?
Yes, at the adoption a request can be made for a combined surname. The court decides on this, often in consultation with a child over 12 years old. For younger children, the child's best interests are considered.
What if the other biological parent seeks contact after adoption?
After adoption, the legal bond with the other parent lapses. Contact then becomes a private matter and cannot be enforced. Arrangements for contact can be made, but are not mandatory.
Must my child consent to the adoption?
Yes, children aged 12 and older must give consent. Children from 10 years old are heard, but their opinion is not decisive. The court takes the child's wishes into account.
Is adoption possible when cohabiting unmarried?
Yes, provided you have cohabited for at least 3 years and cared for the child during that period. For a shorter period, adoption is not possible without marriage or partnership.
Local information: For legal support in Westland, you can go to the Juridisch Loket Westland. The procedure is handled by the District Court of The Hague (district).