Procedure for applying to adopt or revoking an adoption

The adoption procedure at the district court starts with a written application. Your application must be substantiated and must be submitted through a lawyer.

Informing relevant parties

The judge determines who the relevant parties to the proceedings are. For example:

• a mother who has given up her child for adoption;
• the adoptive parents of a person who wants to have their adoption reversed.

The court will inform the relevant parties of your application.

No hearing

There is usually no hearing if:

• all the conditions are met; and
• the interested parent or adoptive parent has submitted a declaration of consent; and
• the judge has no further questions.

In all other cases, a hearing takes place. You will receive the decision via your lawyer, or handed personally to you at your home if you have not engaged the services of a lawyer.

If there is a hearing

The district court summons all the parties involved to attend a hearing. You will be notified where (location) and when (date and time) the hearing will take place. During the hearing, you will have the opportunity to put across your point of view orally.

Not public

Adoption hearings are not public. The district court determines whether experts or counsellors may attend. The district court sometimes requests a representative of the Child Care and Protection Board to attend the hearing.

The judge will issue a written decision after approximately 4 weeks. You will receive the decision through your lawyer. The judge can make different types of rulings:

Application approved

If the judge finds that the conditions for adoption or revocation have been met, they will approve the application.

Application rejected

The judge will reject the application if:

• they deem that adoption is not possible;
• the original parents object to the adoption and the judge cannot ignore such objections; or
• the revocation of the adoption is not in the best interests of the adopted child.

Appeal

Do you disagree with the judge's decision? If so, you can lodge an appeal with the Court of Appeal. This must be done by a lawyer within 3 months of the original judge's decision.

Appeal (in Dutch)

Judicial review

If you subsequently disagree with the Court of Appeal's decision, you can apply to the Supreme Court for judicial review. This appeal must be lodged by a lawyer within 3 months.

Application for judicial review (in Dutch)

If you, as an interested party, disagree with the adoption or revocation application, you can respond in writing or verbally (defence).

Statement of defence

You need a lawyer to file a statement of defence. In the statement of defence, you should make clear which parts of the application you disagree with and why. Your lawyer draws up the statement of defence and submits it to the district court. You have until the hearing to submit the statement of defence.

Oral defence

You can also conduct a purely oral defence during the hearing. You do not need a lawyer for this.

With a declaration of consent, you let it be known that you have no objection to the adoption/revocation application. You then declare that:

• you have received the copy of the application; and
• you are not submitting a statement of defence; and
• you do not consider it necessary to be dealt with by way of a hearing.

You will receive the declaration of consent form with the copy of the application. You do not need a lawyer for this.

Are you not responding at all to an adoption or revocation application? In that case, the judge will deal with the application without your input. You will then receive the judge's decision a few weeks later.