Cancellation versus revocation of adoption in Rotterdam
In Rotterdam, where the District Court of Rotterdam handles many adoption cases (Article 1:229 CC), cancellation renders the adoption invalid ab initio due to formal defects, incapacity, or procedural errors at the Rotterdam court registry. This differs from revocation (Article 1:231 CC), which applies post-factum in cases of changed circumstances in the child's interest, as often seen in Maasstad families.
Cancellation fully restores the original family status, including retroactive effects on inheritance law and naming, relevant for Rotterdam registrations with the civil registry.
Key differences in Rotterdam practice
1. Grounds
Cancellation in Rotterdam for fraud, mistake, or errors in the adoption procedure, such as incomplete documents with the local civil servant; revocation is based on later facts such as unwanted upbringing situations in the port city.
2. Time limits
Cancellation has no statute of limitations for incapacitated applicants, ideal for vulnerable Rotterdam cases; revocation always focuses on the child's interest, with local Child Protection Board involvement.
3. Procedure
Both procedures run via the District Court of Rotterdam, but cancellation requires strict proof of nullity, often with hearings in the Family Law division at Westersingel. Revocation is more flexible with child-focused hearings.
In Rotterdam practice, both are rare due to strict screening; the choice depends on timing, facts, and advice from local law firms specialized in family law.