What is revocation of adoption in The Hague?
Revocation of adoption means that an adoption is legally dissolved. This is a rare intervention that severs the bond between adoptive parents and child. In the Netherlands, this falls under Article 1:231 of the Dutch Civil Code (BW). At the The Hague District Court, Prins Clauslaan 60, these cases are handled with due care.
The conditions for revocation are strict, because adoption is normally permanent. The court only intervenes in exceptional situations to protect the child's stability.
Legal basis: Article 1:231 BW at The Hague District Court
According to Article 1:231 BW, the court may revoke the adoption if the best interests of the minor so require. Judges in The Hague apply this standard very cautiously. Examples include mistake, fraud, or a severely disrupted relationship between parents and child.
Conditions for revocation of adoption
1. Best interests of the child take priority
The court weighs whether revocation is truly better for the child. Important factors:
- Age and wishes of the child
- Quality of the bond with adoptive parents
- Contact with biological family
- Psychological and emotional development
- Continuity in daily life
2. Who can file a request?
Only specific parties may initiate proceedings:
- Adoptive parents (jointly or separately)
- Adopted child (from age 12)
- Biological parents (limited)
- Public Prosecution Service
3. Time limits and timeliness
There is no fixed deadline, but it is easier during minority. After age 18, the child's consent is required. Long-term adoptions make revocation more difficult due to habituation.
Procedure at The Hague District Court
Step 1: Petition
File a petition with The Hague District Court, Prins Clauslaan 60. Include:
- Details of the parties involved
- Reasons why it benefits the child
- Adoption documents and expert reports
For free advice: Legal Aid Office The Hague, Lutherse Burgwal 10.
Step 2: Investigation by the Child Care and Protection Board
The court requests a report from the Board, including interviews with all parties.
Step 3: Hearing and judgment
At the hearing, parties are heard, including the child from age 12. The judge decides by way of a ruling.
Step 4: Appeal
Appeal possible within 3 months to the court of appeal.
Consequences of revocation of adoption
Legal effects
| Aspect | Effect |
|---|---|
| Family bond | Severed with adoptive parents |
| Name | Changeable upon request |
| Parental authority | Ends for adoptive parents |
| Inheritance rights | No mutual rights anymore |
| Maintenance | Possibly temporary |
| Nationality | Remains intact |
Practical impact
Revocation brings emotional and practical changes, such as adjustments to living and school situations. Seek support from the Legal Aid Office The Hague for guidance.
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