What does revocation of adoption entail?
Revocation of adoption means that an adoption is legally dissolved. This is a rare intervention that breaks the family bond between adoptive parents and child. In the Netherlands, this falls under Article 1:231 of the Dutch Civil Code (BW), and for Amsterdam cases, the Rechtbank Amsterdam (Parnassusweg 220) handles these requests.
The conditions for revocation are strict, because adoption is normally permanent. The court only intervenes in exceptional situations to protect the child's stability and security. For questions about this, you can obtain free advice from the Juridisch Loket Amsterdam (Vijzelstraat 77).
Legal basis: Article 1:231 BW
According to Article 1:231 BW, the court may revoke the adoption if it is in the interests of the minor. This gives the judge discretion, but in practice, extreme caution is exercised. For residents of Amsterdam, this is assessed by the family law division of the Rechtbank Amsterdam.
Revocation revolves around the child's welfare, for example in cases of mistake, fraud, abuse, or a severely disrupted relationship between parents and child.
Conditions for revocation of adoption in Amsterdam
1. The interests of the child are central
The court weighs whether revocation is better for the child. Important factors:
- Age and wishes of the child
- Quality of the bond with adoptive parents
- Contact with biological family
- Psychological and emotional development
- Continuity in daily life
2. Who can file a request?
Only specific parties may litigate:
- Adoptive parents (jointly or separately)
- Adopted child (from age 12)
- Biological parents (limited)
- Public Prosecution Service
3. Time limits and timeliness
There is no fixed deadline, but requests during minority take priority. After age 18, the child's consent is required. The Rechtbank Amsterdam looks at the current situation: a long-term adoption weighs heavily against revocation.
Procedure at Rechtbank Amsterdam
Step 1: Petition
Submit to Rechtbank Amsterdam, Parnassusweg 220. Include:
- Details of the parties involved
- Reasons why it benefits the child
- Adoption documents and expert reports
Step 2: Investigation by the Child Care and Protection Board
The court involves the Raad voor de Kinderbescherming for advice, including interviews with the child and parents.
Step 3: Hearing and judgment
All parties are heard; children from age 12 separately. The judge decides by way of a ruling.
Step 4: Appeal
Possible within 3 months at the Gerechtshof Amsterdam.
Consequences of revocation of adoption
Legal effects
| Aspect | After revocation |
|---|---|
| Family law | Connection with adoptive parents ends |
| Name | Change possible |
| Parental authority | Lapses for adoptive parents |
| Inheritance | No inheritance rights anymore |
| Maintenance | Possibly continued |
| Nationality | Remains intact |
Practical impact
Revocation brings emotional and practical changes, such as living or school situations. Support via the Juridisch Loket Amsterdam is recommended.