What does revocation of adoption entail?
Revocation of adoption means the legal withdrawal of an adoption decision. This severs the family law relationship between adoptive parents and child. In the Netherlands, this falls under Article 1:231 of the Dutch Civil Code (BW), handled by the District Court of The Hague (district Delft).
The conditions for revocation of adoption are strict; adoption is considered permanent. The court only intervenes in exceptional situations 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 require it. Judges are reticent in this regard.
Revocation must always serve the child's welfare. Possible grounds: mistake, fraud, abuse or seriously disrupted parent-child relationship.
Conditions for revocation of adoption in Delft
1. Interests of the child
The central focus is the child's best interests. The judge weighs whether revocation is more favorable. Considerations:
- Age and wishes of the child
- Quality of bond with adoptive parents
- Contact with biological parents
- Psychological and emotional development
- Stability of upbringing
2. Who can file the request?
Only specific parties:
- Adoptive parents (jointly or individually)
- Adopted child (from 12 years old)
- Biological parents (limited)
- Public Prosecution Service
3. Time limits
No fixed deadline during minority. After 18 years, only with the child's consent. Long-term adoption weighs heavily against revocation.
Procedure at the District Court of The Hague (Delft)
Step 1: Petition
Submit to District Court of The Hague, Delft location. Contains:
- Details of the parties
- Reasoning of the child's best interests
- Adoption decision and evidence
- Expert opinions
Advice: start at Juridisch Loket Delft for assistance.
Step 2: Investigation by the Child Care and Protection Board
The court requests a report from the Child Care and Protection Board with interviews.
Step 3: Hearing
Oral hearing; child from 12 years old heard separately. Court decides by order.
Step 4: Appeal
Appeal within 3 months at the court of appeal.
Consequences of revocation
Legal
| Aspect | Effect |
|---|---|
| Family law | Bond with adoptive parents severed |
| Name | Changeable |
| Guardianship | Lapses |
| Inheritance | No inheritance rights anymore |
| Maintenance | Possibly continues |
| Nationality | Retained |
Practical
Emotional impact is significant; aftercare via Juridisch Loket Delft or youth care recommended.