What does revocation of adoption entail?
Revocation of adoption means the legal withdrawal of an adoption decision. This severs the family law relationship between the adoptive parents and the adopted child. In the Netherlands, this falls under Article 1:231 of the Dutch Civil Code (DCC), handled by the District Court Zeeland-West-Brabant, Wilhelminapark 100, Tilburg.
The conditions for revocation of adoption are strict; adoption is considered permanent. Revocation is only possible in extreme cases, to protect the stability and security of the child.
Legal basis: Article 1:231 DCC
According to Article 1:231 DCC, the court may revoke the adoption if the interests of the minor so require. Judges are extremely cautious in this regard. The welfare of the child is paramount, such as in cases of mistake, fraud or a severely disrupted relationship.
Conditions for revocation of adoption in Tilburg
1. Interests of the child
The child's interests are decisive. The judge weighs whether revocation is more beneficial than continuation. Important factors:
- Age and wishes of the child
- Quality of the bond with the 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:
- Adoptive parents (jointly or separately)
- Adopted child (from age 12)
- Biological parents (limited)
- Public Prosecution Service
3. Time limits
There is no fixed time limit during minority. After age 18, only with the child's consent. Long-term adoption weighs heavily against revocation.
Procedure at District Court Zeeland-West-Brabant, Tilburg
Step 1: Petition
File a petition at Wilhelminapark 100, Tilburg. Include:
- Details of the petitioner and child
- Reasoning in relation to the child's interests
- Adoption decision and supporting documents
- Expert opinions
Advice point: Juridisch Loket Tilburg, Spoorlaan 364.
Step 2: Investigation by the Child Care and Protection Board
The court involves the Child Care and Protection Board for a thorough investigation, including interviews with those involved.
Step 3: Hearing
At the hearing, parties are heard; the child from age 12 separately. The court issues a ruling.
Step 4: Appeal
Within 3 months appeal to the court of appeal.
Consequences of revocation
Legal
| Aspect | Effect |
|---|---|
| Family law | Bond with adoptive parents ends |
| Name | Changeable on request |
| Parental authority | Lapses |
| Inheritance | No inheritance rights anymore |
| Maintenance | Possibly continues |
| Nationality | Remains intact |
Practical
Revocation brings emotional and practical changes, such as living and school situations. Seek support from the Juridisch Loket Tilburg, Spoorlaan 364 for guidance.
### 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