Stepparent adoption means that the partner of a parent legally adopts the child and thereby becomes a legal parent, alongside the biological parent.
When is stepparent adoption possible?
Stepparent adoption may be an option in the following situations:
- The other biological parent has passed away
- The identity of 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 at least 3 years cohabiting |
| Care for the child | At least 1 year of care for the child by the stepparent |
| Age criterion | Stepparent must be at least 18 years older than the child |
| Best interests of the child | The adoption must serve the welfare of the child |
Required consent
For stepparent adoption, consent must be given by:
- The biological parent (the partner)
- The other biological parent (if they have authority or contact)
- The child itself, if 12 years or older
Substitute consent by the court
If the other biological parent refuses to give consent, the court may substitute this if:
- The child has no future expectations with that parent, or
- The refusal is regarded as an abuse of the right to consent
Consequences of adoption
- The stepparent acquires legal parenthood
- 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
- Filing a petition with the court via a lawyer
- Investigation by the Child Care and Protection Board
- Hearing at a court session
- 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. Contact depends on mutual arrangements. The court may establish a contact arrangement in the ruling if necessary.Can the biological parent block the adoption?
If the biological parent does not grant consent, the court may still approve the 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 take the stepparent's name or receive a combined name, depending on the court's decision.Frequently asked questions about stepparent adoption in Zoetermeer
How long does a stepparent adoption procedure take?
On average, the process takes 6 to 12 months. After filing the petition via a lawyer, an investigation by the Child Care and Protection Board follows (approximately 3 months). Then there is a hearing, and the judge issues a ruling within a few months. If the other parent objects, it may take longer.
What does stepparent adoption cost?
The costs usually range between €1,500 and €3,500, including court fees (approximately €300), lawyer fees (€1,000–€2,500) and any investigation costs. If you have a low income, you may be able to apply for subsidized legal aid via your lawyer.
Can my child have two surnames after adoption?
Yes, you can request a double surname at the ruling (e.g., [biological parent]-[stepparent]). The court decides, often with the consent of a child over 12 years. For younger children, the child's best interests are considered.
What if the other biological parent wants contact again after adoption?
After adoption, the legal bond with that parent lapses, including the maintenance obligation. Contact then becomes a private matter and cannot be legally enforced. Arrangements for contact are possible, but not mandatory.
Must my child consent to the adoption?
Yes, children aged 12 and older must give consent. Children from 10 years are heard, but their opinion is not decisive. The court takes into account the child's wishes, depending on their understanding of the situation.
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 usually not possible.
Relevant authorities in Zoetermeer:
- Court: District Court of The Hague (district)
- Legal aid: Legal Counter Zoetermeer