Stepparent adoption means that the partner of a parent adopts the child and thereby becomes the legal parent, together with the biological parent.
When is stepparent adoption possible?
Stepparent adoption can be an option in the following situations:
- The other biological parent has passed away
- The identity of the other biological parent is unknown
- The other biological parent no longer has parental authority
- The other biological parent consents to the adoption
Conditions for adoption
| Condition | Explanation |
|---|---|
| Relationship with the parent | Married, registered partnership or cohabiting for at least 3 years |
| Care for the child | The child has been cared for for at least 1 year |
| Age difference | Stepparent must be at least 18 years older than the child |
| Best interests of the child | The adoption must be in the best interests of the child |
Required consent
For stepparent adoption, consent must be given by:
- The biological parent (the partner)
- The other biological parent (if they have authority or maintain contact)
- The child itself, from age 12
Substitute consent via the court
If the other biological parent refuses to give consent, the court may still grant permission if:
- The child can no longer expect anything from this parent, or
- The refusal is regarded as an abuse of the right to consent
Consequences of adoption
- The stepparent acquires legal parenthood
- The legal bond with the other biological parent ends
- The child may take the stepparent's surname
- The child becomes an heir of the stepparent
- The maintenance obligation of the other biological parent lapses
Steps in the procedure
- Submitting a petition to the court via a lawyer
- Investigation by the Child Protection Board
- Hearing at a court session
- Ruling by the court on the adoption
Is contact with the other parent still possible after adoption?
After stepparent adoption, the legal bond with the other parent lapses. Whether contact continues depends on mutual agreements. The court may establish a contact arrangement upon adoption.Can the biological parent block the adoption?
If the biological parent does not give consent, the court may still grant permission if it is in the best interests of the child and the parent plays no role in the child's life.Does my child's surname change automatically?
No, a name change must be separately requested upon the adoption ruling. The child may take the stepparent's name or a combined name. The court decides on this.Frequently asked questions about stepparent adoption
How long does a stepparent adoption procedure take?
On average, the process takes 6 to 12 months. It starts with a petition via a lawyer, followed by an investigation by the Child Protection Board (approximately 3 months). Then a hearing and ruling follow. Objection by the other parent may cause delay.
What does stepparent adoption cost?
Costs usually range between €1,500 and €3,500, including court fees (€300), lawyer's fees (€1,000–€2,500) and any investigation costs. For low income, subsidized legal aid is possible. Ask your lawyer for an estimate.
Can my child bear both surnames?
Yes, upon adoption a double surname can be requested (e.g. [biological parent]-[stepparent]). The court decides, often with the child's consent if older than 12 years. For younger children, the best interests of the child are considered.
What if the other biological parent seeks contact after adoption?
After adoption, the legal bond lapses, including rights and obligations. Contact then becomes a personal matter and cannot be legally enforced. Agreements on contact can be made, but are not mandatory.
Must my child consent to the adoption?
Yes, from age 12, the child's consent is mandatory. Children aged 10 and older are heard, but their opinion is not decisive. The court takes the child's opinion seriously, depending on their understanding of the situation.
Is adoption possible when cohabiting unmarried?
Yes, provided you have cohabited for at least 3 years and cared for the child during that period. For a shorter period, adoption is generally not possible.
Relevant institutions in Leiden:
- Court: District Court of The Hague, Leiden Location
- Legal Aid Office: Juridisch Loket Leiden, Stationsweg 46