What is revocation of adoption in Rotterdam?
Revocation of adoption is the legal withdrawal of an adoption decision. This severs the family law relationship between adoptive parents and adopted child. In the Netherlands, this falls under article 1:231 of the Dutch Civil Code (BW). For cases in Rotterdam, the Rotterdam District Court (Wilhelminaplein 100-125) handles these requests.
The conditions for revocation are strict: adoption is generally irrevocable to ensure stability for the child. The court only intervenes in exceptional circumstances, with priority to the child's best interest.
Legal basis: article 1:231 BW
According to article 1:231 BW, the district court may revoke the adoption if the interests of the minor so require. Judges in Rotterdam apply this standard restrictively. Revocation is possible in cases of error, fraud, abuse or serious relationship breakdown, always with a focus on child welfare.
Conditions for adoption revocation Rotterdam
1. Interests of the minor
The child's best interest is central. The Rotterdam District Court weighs whether revocation is more beneficial than continuation. Important factors:
- Age and wishes of the child
- Quality of the bond with adoptive parents
- Any link with biological parents
- Psychological and emotional development
- Stability of upbringing
2. Who can file the request?
Only specific parties may submit a request to the Rotterdam District Court:
- Adoptive parents (jointly or separately)
- Adopted child (from age 12)
- Biological parents (limited)
- Public Prosecution Service
3. Time limit
There is no fixed time limit. Requests can be made during minority; after age 18 only with the child's consent. The Rotterdam District Court examines the current situation: long-term adoption weighs heavily against revocation.
Procedure for adoption revocation at Rotterdam District Court
Step 1: Petition
File a petition with the Rotterdam District Court (Wilhelminaplein 100-125). Include:
- Details of petitioner and child
- Reasoning on child's best interest
- Adoption decision and supporting documents
- Expert opinions
For free advice: Juridisch Loket Rotterdam, Westblaak 180.
Step 2: Investigation by Child Care and Protection Board
The court involves the Child Care and Protection Board for an independent investigation, including interviews with those involved.
Step 3: Hearing and ruling
At the hearing, parties are heard; children from age 12 separately. The court issues a ruling.
Step 4: Appeal
Appeal to the Court of Appeal within 3 months.
Consequences of adoption revocation
Legal effects
| Aspect | Effect after revocation |
|---|---|
| Family law | Bond with adoptive parents severed |
| Surname | Changeable on request |
| Parental authority | Lapses for adoptive parents |
| Inheritance law | No mutual rights anymore |
| Maintenance | Possibly continuing |
| Nationality | Remains intact |
Practical impact
Revocation brings emotional and practical changes, such as living and school situations. Seek professional support via local agencies in Rotterdam.