What does revocation of adoption entail?
Revocation of adoption means the legal withdrawal of an adoption decision. This is a rare intervention that breaks the family bond between adoptive parents and child. In the Netherlands, this falls under Article 1:231 of the Dutch Civil Code (BW), handled at the District Court of The Hague (Zoetermeer district).
The conditions for adoption revocation are strict; adoption is considered permanent. The court only grants revocation in extreme cases to protect the child's stability and security.
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. This standard gives judges discretion, but case law shows restraint. Revocation focuses purely on the child's welfare, such as in cases of mistake, fraud, abuse, or severely disrupted relationships.
Conditions for revocation of adoption in Zoetermeer
1. Child's best interests take priority
The central question is whether revocation benefits the child. The court weighs:
- Age and opinion of the child
- Quality of the bond with adoptive parents
- Contact with biological parents (if necessary)
- Psychological and emotional development
- Stability of upbringing
2. Who can apply
Only specific parties may request:
- Adoptive parents (jointly or separately)
- Adopted child (from age 12)
- Biological parents (limited)
- Public Prosecution Service
3. Time limit
No fixed statute of limitations; possible until majority. Thereafter only with the child's consent. Long-term adoption weighs heavily against revocation.
Procedure at the District Court of The Hague (Zoetermeer)
Step 1: Filing the request
Start with a petition at the District Court of The Hague, including:
- Details of the applicant and child
- Justification of the child's best interests
- Adoption decision and supporting documents
- Expert reports
Advice: Contact Juridisch Loket Zoetermeer for help in drafting.
Step 2: Investigation by the Child Care and Protection Board
The court involves the Child Care and Protection Board for a thorough investigation, including hearings of those involved.
Step 3: Hearing and ruling
All parties are heard; children from age 12 separately. The judge issues a ruling.
Step 4: Appeal option
Within 3 months appeal to the court of appeal.
Effects after revocation
Legal impact
| Aspect | Effect |
|---|---|
| Family law | Bond with adoptive parents ends |
| Name | Change possible |
| Parental authority | Lapses for adoptive parents |
| Inheritance | No mutual rights anymore |
| Maintenance | Possibly limited continuation |
| Citizenship | Remains intact |
Practical consequences
Revocation brings emotional and social changes, such as name change or change of residence. Seek support from Juridisch Loket Zoetermeer or specialists for guidance.