What does the revocation of international adoption entail?
The revocation of an international adoption concerns the annulment of an adoption that has been arranged across Dutch borders. This falls under Article 1:231 of the Dutch Civil Code (BW), but requires additional attention to the 1993 Hague Adoption Convention. The procedure is more complex due to the involvement of foreign authorities and the potential repatriation of the child.
The court strictly assesses whether revocation is in the best interests of the child, taking international obligations into account. Examples include cases of misinformation by foreign agencies or failing aftercare.
Specific Conditions
1. Hague Adoption Convention
Revocation must not lead to unlawful consequences for the child. The Central Authority must be engaged to coordinate with the country of origin.
2. Burden of Proof
Compelling evidence of serious violations, such as child trafficking or identity fraud, must be provided. The opinion of the child over the age of 12 carries significant weight.
The procedure commences with a petition to the court, followed by a hearing and the right to respond. After the ruling, records are amended in the registers. This process prioritizes the protection of children's rights above all else.