Contents
- Introduction
- Procedure
- Costs (in Dutch)
The procedure for adoption application/adoption revocation consists of the following steps:
1. Submitting your application
The adoption procedure in court starts with a petition. For this, you are required to have a lawyer, who will submit your reasoned petition to the court.
Informing interested parties
The court determines who are interested parties in this procedure. For instance:
- a mother who gave up her child for adoption
- the adoptive parents of a person who wishes to reverse their adoption
The judge will inform interested parties of your application.
2. Hearing
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, there is a hearing. You will receive the judgment (decision) via your lawyer or at home if you have not engaged a lawyer.
Hearing
The court summons all parties concerned to a hearing. You will be notified where (location) and when (date and time) the hearing will be held. At the hearing, you will have the opportunity to explain your position orally.
Not public
Hearings concerning adoption are not public. The court decides whether experts or advisors may be present. Sometimes the court calls a representative of the Child Care and Protection Board to attend the hearing.
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.
3. Judgment
The judge delivers a written judgment after about four weeks. You will receive the judgment (decision) through your lawyer. The court can make different types of judgments:
Grant or deny application
If the judge finds that the conditions for adoption or revocation are met, they will grant the application. The judge can grant the application for adoption or revocation only if it is in the best interests of the child.
4. Appeal and cassation
Appeal
If you disagree with the judge's decision, you can appeal to the court of appeal. A lawyer must do this within three months of the judgment.
Appeal in cassation
If you then disagree with the court of appeal's ruling, you can appeal in cassation to the Supreme Court. A lawyer must appeal in cassation within three months.
As an interested party (respondent) responding to the petition, you have three options:
1. You disagree with the application
If, as an interested party, you disagree with the adoption application or revocation application, you can respond (defend) in writing or orally.
Statement of defence
You need a lawyer to file a statement of defence. In the statement of defence, you can make clear which parts of the application you disagree with and why. Your lawyer will prepare and submit the statement of defence to the court.
Oral defence
You can also only put up an oral defence at the hearing. You do not need a lawyer for this.
2. You do not object to the adoption/revocation
A declaration of consent lets you know that you do not object to the adoption/revocation application. You then declare:
- that you have received the copy of the application; and
- that you do not file a statement of defence; and
- that you do not consider a hearing necessary.
You will receive the form for the declaration of consent with the copy of the application. You do not need a lawyer.
3. You do not respond
If you do not respond at all to an adoption application or revocation application, the judge will handle the application without your input. You will then be sent the judge's decision after a few weeks.
Costs
There are costs associated with the procedure. Depending on your situation, you pay the costs of having your case heard by the court: court fees. In addition, you will have to pay for a lawyer.
Processing time
The procedure takes about three months to more than a year, depending on the complexity of the case.
Contact the Rechtspraak Service Centre
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