Adoption can also be described as the legal acceptance of a child. The family tie with the biological parent(s) is thereby severed and a new statutory family law tie arises between the child and the adoptive parent(s), accompanied by all the rights and duties forming part thereof. It is not necessary to be married in order to adopt a child. Adoption by unmarried couples and single persons is also possible. Even adoption by same sex couples has become possible.

Forms of adoption

There are in fact two forms of adoption: intercountry adoption and national adoption. The best known form is of course intercountry adoption, i.e. the adoption of a foreign child through an adoption agency. A careful process precedes this. This international adoption in particular requires specific knowledge of the legal process. The adoption of a Dutch child by a childless couple is less common, and is the result of the fact that there are less Dutch children available for adoption. What is more common is one-parent adoption. When it concerns the adoption of the child of one's partner, this is also referred to as stepparent adoption. The family tie with the other parent (if there is one) is then severed. It can also be the case that one adoptive parent has adopted a child from abroad and his/her partner afterwards also wishes to adopt the child.

Conditions for the adoption of a Dutch child

A number of conditions must be fulfilled in order to be able to adopt a child. The most important condition for the adoption of a Dutch child is that the child can no longer expect anything from its biological parent(s). The court determines whether the (other) parent still can and wishes to fulfil his or her role as parent. Furthermore, the partners must have cohabitated for three years prior to the request and the adoptant or the adoptants must have cared for and raised the child for at least one year. The aforesaid conditions do not apply if the child is born within the relationship of the adoptant and the parent. This is favourable for a co-parenting woman. When two women are in a relationship and one of them gives birth to a child within this relationship, the partner of the biological mother can submit an adoption request to the court during the pregnancy or after the birth of the child. The requirements with regard to the cohabitation period and the care period therefore do not apply to this co-parenting woman. If you are considering adopting a child, it is important to think deeply about whether or not you fulfil all the conditions. The family law specialists of AK Advocaten can, together with you, look into the possibility of adoption. The request must be submitted to the court through a lawyer for all forms of adoption. If you would like to find out more then please phone us or send an email to us. Please contact us. Family Law