What does revocation of adoption entail?
Revocation of adoption legally means the withdrawal of an adoption decision. This is a rare intervention that severs the family bond between adoptive parents and child. In the Netherlands, this falls under Article 1:231 of the Dutch Civil Code (BW). At the District Court of The Hague, Leiden Location (Stationsplein 28, 2315 BB Leiden), you can file a request.
The conditions for adoption revocation are strict; adoption is considered irrevocable. Only in extreme cases does the court grant permission, to protect the child's stability and security.
Legal basis: Article 1:231 BW
According to Article 1:231 BW, the court may revoke the adoption if the interests of the minor so require. This provides judges with discretion, but in practice, they are extremely cautious. Examples include mistake, fraud or a severely disrupted parent-child relationship.
Conditions for revocation of adoption in Leiden
1. Priority for the child
Central is whether revocation serves the interests of the child. The court weighs:
- Age and wishes of the child
- Quality of the bond with adoptive parents
- Contact with biological parents
- Psychological and emotional development
- Upbringing stability
2. Who can file a request?
Only specific parties may request:
- Adoptive parents (jointly or individually)
- Adopted child (from 12 years old)
- Biological parents (limited)
- Public Prosecution Service
3. Timeframe
There is no fixed term; requests are possible during minority. After 18 years, only with the child's consent. Long-term adoptions weigh heavily against revocation.
Procedure at the District Court of The Hague, Leiden Location
Step 1: Petition
File a petition with the District Court of The Hague, Leiden Location. Include:
- Details of petitioner and child
- Motivation in relation to the child's interests
- Adoption decision and supporting documents
- Expert opinions
For free advice: Juridisch Loket Leiden, Stationsweg 46, 2311 CH Leiden (tel: 0900-8020).
Step 2: Investigation by the Child Care and Protection Board
The court involves the Child Care and Protection Board for a report on the child's interests, including interviews with those involved.
Step 3: Hearing and ruling
At the hearing, parties are heard; children from 12 years old separately. The judge issues a ruling.
Step 4: Appeal
Within 3 months appeal to the court of appeal.
Consequences of adoption revocation
Legal
| Aspect | After revocation |
|---|---|
| Family law | Connection with adoptive parents ends |
| Name | Changeable on request |
| Parental authority | Lapses for adoptive parents |
| Inheritance | No mutual rights anymore |
| Maintenance | Possibly continues |
| Nationality | Remains intact |
Practical
Revocation brings emotional and living situation changes. Seek professional help for the child. ### Arslan & Arslan Advocaten **Arslan & Arslan Advocaten** provides professional legal guidance and support for your legal matters. - Website: [www.arslan.nl](https://arslan.nl) - Email: [info@arslan.nl](mailto:info@arslan.nl) - Free initial consultation