A stepparent adoption procedure in Delft is a legal procedure whereby a stepparent adopts the child of his or her partner. This form of adoption is popular in blended families in Delft and surrounding areas, where the stepparent plays a crucial role in the upbringing. The procedure entails significant legal consequences and requires a thorough balancing of all interests involved.
What does stepparent adoption in Delft entail?
Stepparent adoption concerns the adoption of a child from a previous relationship by the new partner of a parent. Upon completion, the stepparent obtains full parental rights and duties, and the legal connection with the other biological parent is severed.
In contrast to standard adoption, the child continues to live with one biological parent, while the stepparent integrates into the family. The arrangement is laid down in the Civil Code and requires the intervention of the District Court of The Hague (district).
Conditions for stepparent adoption in Delft
For a successful stepparent adoption in Delft, strict conditions apply, intended to place the child at the center.
Relationship between stepparent and partner in Delft
There must be a durable bond, such as a marriage, registered partnership or stable cohabitation of at least three years in Delft or the nearby region.
Age requirements
The stepparent must be at least 18 years old and 15 years older than the child. Exceptions are possible in special circumstances. The child may not be older than 18 years at the time of filing.
Consent of biological parents
Required is the consent of:
- The parent with whom the stepparent is married or cohabits
- The other biological parent (unless deceased or discharged from authority)
- The child from 12 years old
In case of refusal, the court may dispense with consent if the refusal is unreasonable or the child's best interests prevail.
Best interests of the child in Delft
The court assesses whether adoption is beneficial, taking into account the bond with the stepparent, family situation and necessity.
Stepparent adoption procedure in Delft step by step
The procedure takes several months to over a year and proceeds via the District Court of The Hague (district).
Phase 1: Preparation and advice in Delft
Start with advice from the Juridisch Loket Delft or a family law attorney. Conduct discussions with those involved for clarity.
Phase 2: Filing the adoption request
Stepparent and partner file a request with the court, including:
- Personal data
- Birth and marriage certificates
- Written consents
- Motivation of child's best interests
- Expert statements
Phase 3: Investigation by the Child Care and Protection Board
The Board investigates suitability, home situation in Delft and child's best interests through visits and interviews.
Phase 4: Court hearing
All parties are heard:
- Explanation by applicants
- Objections by other parent
- Opinion of child (from 12 years old)
- Advice of the Board
The judge decides based on the child's best interests.
Phase 5: Judgment and registration
If granted, the order follows. After the three-month appeal period, the adoption is registered in the civil registry.