Cross-Border Recognition of Adoption Decisions in the EU: Practice in Utrecht
In Utrecht, EU legislation simplifies the recognition of adoption decisions from other Member States, particularly via the District Court of Midden-Nederland. This applies under Brussels II-bis and the Hague Adoption Convention, aligned with local procedures.
Legal Basis in Utrecht
- Regulation (EU) 2019/1111 (Parentage Regulation), applied by Utrecht family judges.
- Hague Adoption Convention article 23, with certification via the Child Protection Board Utrecht.
- Kingdom Act on recognition and enforcement, enforced by the District Court of Midden-Nederland in Utrecht.
Automatic Recognition in Utrecht Practice
Adoption decisions from EU Member States are automatically recognised in Utrecht without additional formalities, provided subsidiarity checks by local child protection have been carried out. A Certificate from the European Judicial Network is mandatory and is often issued via the registry of the Utrecht District Court.
Procedure in Case of Resistance in Utrecht
- File exequatur application with the District Court of Midden-Nederland, Utrecht location.
- Processing period: maximum 1 month, with expedited hearings for the child's best interests.
- Grounds for refusal: violation of public policy or Dutch children's rights standards.
Utrecht Practice Examples
An adoption from Poland recognised in Utrecht led to immediate registration in the Personal Records Database (BRP) in the municipality. For non-EU adoptions, the Hague Convention applies with additional verification by Utrecht authorities. Annually, more than 50 EU adoption recognitions are processed in the Utrecht region, often with advice from local law firms specialised in family law.
Benefits in Utrecht: Rapid integration of the child, with access to local facilities such as youth care and education in the Domstad.