Adoption legally possible

Adoption law

In 1956 the Adoption Act came into effect in the Netherlands. This law has legalized adoption as a legal child protection measure. With adoption, the legal parentage of a child is transferred to the intended parents. The legal bond with the biological parents is completely broken in the Netherlands by adoption.

Hague Adoption Convention

In 1995, the Convention on the Protection of Children and Cooperation in the Field of Intercountry Adoption (Hague Adoption Convention) entered into force between 66 countries. The agreements made are aimed at ensuring that the adoption procedure takes place as carefully as possible. The interests and rights of the child are central. Mediation by questionable persons or organisations, child trafficking and the pursuit of profit must thus be excluded.

The countries that are affiliated to the Hague Adoption Convention follow the same procedure for adoption and have made agreements with adoption mediators (in the Netherlands these are the permit holders ). The affiliated countries may apply different requirements and conditions. For example, about the possibility of adoption by one person or by a homosexual couple. While the treaty allows for these adoptions, not every country is required to allow them.

If an adoption has been pronounced in a country that is a party to the Hague Adoption Convention, the adoption is automatically fully recognized in the other treaty countries.

Principles of the Hague Adoption Convention

The starting points of the Hague Adoption Convention are:

The distance procedure must be well organised. The mother must give permission for the adoption after her child is born. This permission must be given voluntarily (without pressure and not against payment).

The principle of subsidiarity: a child may only be adopted by a parent abroad if the child cannot be placed with relatives or a foster family in their own country.

The interest of the child is paramount: a parent must be sought with a child and not a child with a parent.

Before the child and prospective adoptive parents are matched, there should be no contact between the parties involved. Except if the child is adopted within the family.

Mediation should not involve disproportionately high costs. The central authorities of the treaty countries must ensure that there is never any question of financial gain.

More information about the Hague Adoption Convention can be found on the website of the HCCH(link is external). You will also find the Dutch translation of the Treaty there.

National legislation

For the adoption of a child from abroad, permission in principle is required from the Ministry of Justice and Security. After the application, the Adoption Services Foundation assesses(link is external)(SAV) whether the conditions for admission to the procedure are met. These are set out in the Adoption of Foreign Children Act (Wobka). The applicant(s) is/are obliged to attend information and information meetings of the Adoption Services Foundation and the Child Protection Board investigates whether the applicant(s) is/are suitable as adoptive parent(s). The Central Authority for International Children's Affairs (part of the Ministry of Justice and Security) monitors compliance with the Hague Adoption Convention and decides whether the applicant will be granted permission for a foreign adoption.

The legal procedure for adopting a child from the Netherlands starts with submitting a request to the court. The court decides whether all conditions for adoption have been met (articles 1:227 paragraph 3 and 228 Civil Code). One of the conditions is that the adoption is in the interest of the child and that the child can no longer expect anything from its own parent(s). A family investigation by the Child Protection Board is always part of the adoption procedure. Adoption is not possible as long as the original parents still exercise authority over the child or if the original parents object. However, for a number of reasons listed in the law, the court may overrule the parents' objection.

Since 1998 it has been possible for unmarried cohabitants and singles to adopt children. In 2001, same-sex couples were also granted this right.

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