Annulment versus revocation
Annulment of adoption (Article 1:229 of the Dutch Civil Code) invalidates the adoption ab initio due to formal defects or incapacity, unlike revocation (Article 1:231 of the Dutch Civil Code), which takes effect post-factum in cases of changed interests of the child.
Annulment fully restores the original situation, including retroactively.
Key differences
1. Grounds
Annulment applies in cases of fraud, mistake, or procedural errors; revocation applies due to subsequent circumstances.
2. Time limits
Annulment has no statute of limitations for incapacitated petitioners; revocation is always based on the child's best interests.
3. Procedure
Both require court proceedings, but annulment necessitates proof of grounds for nullity.
Practice shows that such cases are rare; the choice depends on timing and facts.