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Adoption

Adoption

       

Who can apply for adoption?
Two people who have raised and cared for a child together for at least one consecutive year;
A person who raised and cared for a child for at least three consecutive years (single parent adoption);
A stepparent who raised and cared for a child for at least one consecutive year together with the parent of the child (step parent adoption). This concerns the parent’s new spouse, registered partner or life companion.
Until 1 April 2014, the only possibility for the same sex life companion of the mother (the co-mother) to become a legal parent, was stepparent adoption where the condition that the child had to be cared for and raised for at least one year, was not stipulated.
The co-mother can now acknowledge the child at the registry of births, deaths, marriages and registered partnerships with the consent of the mother and thus become the legal parent of the child. Adoption leads automatically to parental authority. This is not the case with acknowledgment. After the acknowledgment, co-authority may be obtained by the co-mother by filing a joint application to the custody register. This can be done digitally and is free of charge.

Wat are the conditions for adoption?
The adopter may not be a grandparent of the child.
The age difference between the child and the adopter has to be at least 18 years.
On the day the application for adoption is submitted, the child has to be a minor.
When the child is older than 12, it has to be clear that he or she does not object to the application.
The child’s legal parent or parents should no longer have authority over the child; in the case of stepparent adoption, the parent the child does not live with should not have authority over the child.
It has to be clear that the parent does not or the parents do not object to the application for adoption.
The child’s mother should at least be 16 years old on the day the application is submitted.

What are the consequences of adoption?
Adoption leads to a family law relationship between the adopter and the child. The relation between the child and the (biological) parents and blood relatives will end, unless it concerns stepparent adoption.
The creation or termination of this family law relationship may have an influence on the law on surnames, the law of inheritance and the obligation to provide maintenance.
Can adoption be revoked?
Adoption may be revoked at the request of the adoptee. The court will only allow it if it is in the apparent interest of the adoptee and the application is submitted when the adoptee is between 20 and 23 years old.
Wat are the consequences of a revocation of adoption?
When the adoption is revoked, the family law relationship between the adoptee and the adoptive parent(s) ends. The family law relationship that had ceased because of the adoption, will revive by the revocation.

Any questions about the above or about another topic? Please call us at 070-3154000, or send a mail to: secretariaat@chambersadvocaten.nl.