Contents
- Introduction
- Procedure
- Costs (in Dutch)
Who are the legal parents of a child?
Through adoption, you become the legal parent of the child you adopt. Legal parents are the child's legal family. They do not have to be biologically related to the child (they do not have to be the child's begetters; in other words, their DNA does not have to be in the child).
Please note: a child can never have more than two legal parents.
Who is the legal mother of a child?
- the woman who gave birth to the child, even if the child was conceived with a donor egg
- the woman who has acknowledged (government.nl)- You are leaving Rechtspraak.nl the child
- the woman who has adopted the child
- the woman whose parentage has been established (in Dutch) by the court
If the child was conceived through artificial insemination by an unknown donor (according to the Artificial Insemination (Donor Information) Act), the woman to whom the biological mother was married or with whom the biological mother was in a registered partnership at the time of the birth is also the child's legal (co-)mother.
Who is the legal father of a child?
- the husband or registered partner of the mother at the time of the child’s birth
- the man who has acknowledged (government.nl)- You are leaving Rechtspraak.nl the child
- the man who has adopted the child
- the man whose parentage has been established (in Dutch) by the court
Adoption application for a Dutch child: who is allowed to submit an adoption application when?
Man and woman or two men or two women
Prior to the adoption application, you must:
- have lived together for at least three years
- have looked after and raised the child together for one year
It does not matter if you are married to each other.
Single man or woman
You can start a procedure if you have looked after and raised the child for a year.
New partner of father or mother
Prior to the adoption application, you must:
- have lived with the legal parent for at least three years
- have taken care of the child with that parent for at least one year
Female partner of the mother (co-mother)
Are you married or in a registered partnership with the woman having the child?
- If so: you are automatically a legal mother if the donor is an unknown under the Artificial Insemination (Donor Information) Act.
- If not: you can acknowledge (in Dutch) the child or submit an adoption application.
This can be before or after the child's birth.
Adoptive parent's partner
Are you the partner of someone who has adopted a child and would you also like to become an adoptive parent of the child?
You can do so if you have looked after and raised the child for at least one consecutive year.
The court looks at whether all the conditions for adoption set out in the law have been met. The court can grant an adoption application only if:
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- adoption is in the best interests of the child, and
- the child does not object, and
- the child has nothing more to expect from their parents.
Adoption application for a foreign child
Note: since 21 May 2024, it is no longer possible to start an adoption procedure for a foreign child. Foreign adoption procedures initiated before that date will continue for the time being. For more information, visit:
- Intercountry adoption (kinderbescherming.nl in Dutch) - You are leaving Rechtspraak.nl
- Adoption (government.nl) - You are leaving Rechtspraak.nl
Not going to court
If you adopt a child from abroad, an authority abroad will decide whether you meet the requirements to be an adoptive parent. This body makes the adoption decision, which is often automatically recognised in the Netherlands. This is the case when the country of origin is party to the Hague Adoption Convention (rijksoverheid.nl in Dutch)- You are leaving Rechtspraak.nl.
You have become the legal parent of the adopted child and do not have to go to court.
Going to court
You do have to go to court in the Netherlands if:
- no adoption decision has been made in the child's country of origin.
- the foreign adoption decision is not automatically recognised in the Netherlands because the country of origin is not party to the Hague Adoption Convention (rijksoverheid.nl in Dutch)- You are leaving Rechtspraak.nl.
You are required to engage a lawyer for these application proceedings. Different conditions apply for recognition of adoption than for the adoption application. However, the steps in the procedure are the same.
Reversing adoption (revocation)
Are you adopted and do you want to reverse (revoke) the adoption? If you are 20, 21 or 22 years old, you can file an application for revocation of your adoption with the court through a lawyer. If you are a different age and want to reverse the adoption, you should consult with a lawyer.
The court can only grant (agree to) the application if it finds that reversing the adoption is in your best interests.
Do you need a court stamp and signature on your adoption documents?
You can have your documents legalised (in Dutch) at any court in the Netherlands.
Child interview
In an adoption application procedure, the court summons children as young as eight for a child interview via a letter. Sometimes the judge also invites children younger than eight years old. The judge considers it important to hear the child's views on the adoption. The judge also needs to know if the child does not object to the adoption.
The interview with the judge lasts about 20 minutes. Parents and intended adoptive parents are not allowed to be present. In the interview, the judge asks for the child's opinion.
Contact the Rechtspraak Service Centre
Social media
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Telephone
+31 88 361 61 61- You are leaving Rechtspraak.nl
We are open from Monday to Thursday from 08:00 until 20:00, and on Friday from 08:00 until 17:30.
