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Cancelling Adoption in Amsterdam: Difference with Revocation in the Civil Code

In Amsterdam, annulment of adoption invalidates the bond from the beginning due to formal defects, while revocation later severs it in the changed interest of the child. Local case law emphasises grounds, time limits and retroactive effects for procedures at the Amsterdam District Court.

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Annulment versus revocation in the Amsterdam context

In Amsterdam, where the Amsterdam District Court handles many adoption cases (Article 1:229 CC), annulment renders the adoption invalid ab initio due to formal defects, incapacity or procedural errors, in contrast to revocation (Article 1:231 CC) which applies post-factum in cases of changed circumstances in the interest of the child, as shown in recent cases before the Amsterdam family court.

Annulment fully restores the original family status, including retroactive consequences, which is crucial for Amsterdammers with international adoption backgrounds.

Core differences specific to Amsterdam

1. Grounds

Annulment in Amsterdam procedures due to fraud, mistake or errors in the adoption declaration; revocation is based on subsequent facts such as neglect, with reference to local guidelines from Veilig Thuis Amsterdam.

2. Time limits

Annulment has no statute of limitations for incapacitated applicants, ideal for complex cases at the Amsterdam District Court; revocation must always demonstrate the child's interest within reasonable time limits, in accordance with Amsterdam practice.

3. Procedure

Both start at the Amsterdam District Court (location Pieter de Hoochstraat), but annulment requires strict proof of nullity, often with hearings and expert reports from the region.

Amsterdam practice shows the rarity of annulments due to strict scrutiny; the choice depends on timing, facts and local expertise of law firms such as those in the Zuidas.