What does revocation of adoption entail?
Revocation of adoption means the legal withdrawal of an adoption decision. This severs the family law relationship between adoptive parents and child. In the Netherlands, this falls under Article 1:231 of the Dutch Civil Code (BW). For residents of Utrecht, such cases are handled by the District Court Midden-Nederland, Utrecht location (Vrouwe Justitiaplein 1).
The conditions for revocation are strict; adoption is considered irrevocable. The court only grants permission in extreme cases to protect the child's stability and security.
Legal basis: Article 1:231 BW
According to Article 1:231 BW, the court may revoke the adoption if the interests of the minor require it. This gives judges room for assessment, but in Utrecht practice, they are extremely cautious.
Revocation must always serve the child's welfare. Possible grounds include mistake, fraud, abuse, or a severely disrupted parent-child relationship.
Conditions for revocation of adoption in Utrecht
1. Child's best interests central
The interests of the minor are decisive. The court weighs whether revocation is more beneficial than continuation. Relevant factors:
- Age and wishes of the child
- Quality of the bond with adoptive parents
- Contact with biological family
- Psychological and emotional development
- Stability of upbringing
2. Who can file a request?
Only specific parties may file a request with the District Court Midden-Nederland:
- Adoptive parents (jointly or separately)
- Adopted child (from age 12)
- Biological parents (limited)
- Public Prosecution Service
3. Time limits
There is no fixed time limit; requests are possible during minority. After age 18, only with the child's consent. Long-term acclimatization in the family weighs heavily against revocation.
Procedure at District Court Midden-Nederland, Utrecht
Step 1: Petition
File a petition with the District Court Midden-Nederland, Vrouwe Justitiaplein 1, Utrecht. Include:
- Details of petitioner and child
- Detailed motivation in view of child's best interests
- Adoption decision and supporting documents
- Expert reports
For free advice: Juridisch Loket Utrecht, Catharijnesingel 55.
Step 2: Investigation by the Child Care and Protection Board
The court involves the Child Care and Protection Board for an independent investigation, including interviews with those involved.
Step 3: Hearing
At the hearing, parties are heard; children from age 12 separately. The court issues a ruling.
Step 4: Appeal
Within 3 months, appeal to the Court of Appeal Arnhem-Leeuwarden.
Consequences of revocation
Legal
| Aspect | Effect |
|---|---|
| Family law | Bond with adoptive parents ends |
| Name | Changeable on request |
| Parental authority | Lapses for adoptive parents |
| Inheritance | No inheritance rights anymore |
| Maintenance | Possibly continuing |
| Nationality | Remains intact |
Practical
Revocation brings emotional and social changes, such as adjustments to living and school situations. Seek support from local agencies in Utrecht.