Stepparent adoption means that a parent's partner legally adopts the child and thereby becomes a legal parent, together with the biological parent.
When is stepparent adoption possible?
Stepparent adoption may be an option in the following situations:
- The other biological parent has passed away
- The identity of the other biological parent is unknown
- The other biological parent no longer has parental authority
- The other biological parent consents to the adoption
Conditions for adoption
| Condition | Explanation |
|---|---|
| Relationship with the parent | Married, registered partnership or at least 3 years cohabiting |
| Care for the child | At least 1 year of care for the child provided |
| Age difference | Stepparent must be at least 18 years older than the child |
| Best interests of the child | The adoption must be in the child's best interests |
Required consent
For stepparent adoption, consent must be given by:
- The partner (biological parent)
- The other biological parent (if they have authority or contact)
- The child, if 12 years or older
Substitute consent by the court
If the other biological parent refuses to give consent, the court may substitute it if:
- The child can no longer expect anything from that parent, or
- The refusal is regarded as an abuse of the right to consent
Consequences of stepparent adoption
- The stepparent acquires legal parenthood
- The legal bond with the other biological parent ends
- The child may take the stepparent's surname
- The child becomes an heir of the stepparent
- The maintenance obligation of the other biological parent lapses
Steps in the procedure
- Submitting a petition to the court via a lawyer
- Investigation by the Child Care and Protection Board
- Hearing at a court session
- Ruling on the adoption by the court
Is contact with the other parent still possible after adoption?
After stepparent adoption, the legal bond with the other parent lapses. Contact depends on mutual agreements. The court may establish a contact arrangement in the ruling if necessary.Can a biological parent block the adoption?
If the biological parent does not consent, the court may still decide on adoption if it is in the child's best interests and the parent shows no involvement or maintains contact.Is my child's name automatically changed?
No, a name change must be separately requested in the adoption ruling. The child may bear the stepparent's name or receive a combined name, depending on the court's decision.Frequently asked questions about stepparent adoption
How long does the stepparent adoption process take?
On average, the procedure takes 6 to 12 months. After submitting the petition via a lawyer, an investigation by the Child Care and Protection Board follows (approximately 3 months). Then there is a hearing and ruling. Objection by the other parent may cause delay.
What does stepparent adoption cost?
The costs range between €1,500 and €3,500, including court fees (€300), lawyer's fees (€1,000–€2,500) and any investigation costs. For low income, subsidized legal aid is possible. Ask your lawyer for a cost estimate.
Can my child get a double surname?
Yes, with the adoption you can request a double surname (e.g. [biological parent]-[stepparent]). The court decides, often with the consent of children over 12 years. For younger children, the child's best interests are considered.
What if the other biological parent seeks contact after adoption?
After adoption, the legal bond, including maintenance obligation, lapses. Contact then becomes a private matter and cannot be enforced. Agreements on contact are possible, but not mandatory.
Does my child have to consent to the adoption?
Yes, children aged 12 and older must give consent. Children aged 10 and older are heard, but their opinion is not decisive. The court takes the child's wishes into account.
Is adoption possible when cohabiting unmarried?
Yes, provided you have been cohabiting for at least 3 years and have cared for the child during that period. For a shorter period, adoption is not possible without marriage or partnership.
Relevant locations in Utrecht:
- District Court Midden-Nederland: Vrouwe Justitiaplein 1, Utrecht
- Juridisch Loket Utrecht: Catharijnesingel 55, Utrecht