A stepparent adoption procedure is a legal procedure whereby a stepparent adopts the child of his or her partner. In Tilburg and surrounding areas, this is common in blended families where the stepparent plays a crucial role in the upbringing. The procedure has far-reaching legal consequences and requires a careful balance of all interests, particularly those of the child.
What does stepparent adoption entail?
Stepparent adoption concerns the adoption of a child from a previous relationship by the new partner of a parent. Upon completion, the stepparent acquires all parental rights and duties, while the legal link with the other biological parent is severed.
In contrast to regular adoption, the child remains living with one biological parent, and the stepparent joins the family. The rules are set out in the Civil Code and require a judicial decision, specifically at the Zeeland-West-Brabant District Court in Tilburg.
Conditions for stepparent adoption in Tilburg
For a successful stepparent adoption, strict conditions must be met to optimally protect the child.
Relationship requirements for stepparent and partner
There must be a durable bond, such as a marriage, registered partnership or stable cohabitation of at least three years. In Tilburg, local authorities assess this thoroughly.
Age requirements
The stepparent must be at least 18 years old and 15 years older than the child. Exceptions are rare and only granted for compelling reasons. The child may not be older than 18 at the time of filing.
Consent of parents
Required is consent from:
- The parent with whom the stepparent is married or cohabiting
- The other biological parent (unless deceased or discharged from parental authority)
- The child from age 12
In case of refusal, the Zeeland-West-Brabant District Court (Wilhelminapark 100, Tilburg) may substitute the consent if the refusal is unreasonable or if it is strongly in the child's interest.
Child's best interests as priority
The court weighs the bond with the stepparent, family stability and necessity, always with the child at the center.
Stepparent adoption procedure step by step in Tilburg
The procedure takes several months to over a year and proceeds via the Zeeland-West-Brabant District Court.
Phase 1: Preparation
Start with advice from the Legal Aid Office Tilburg (Spoorlaan 364) or a family law attorney. Discuss feasibility and prepare those involved.
Phase 2: Filing the request
Stepparent and partner file a request with the court including:
- Personal data
- Birth and marriage certificates
- Consent declarations
- Motivation of child's best interests
- Expert reports
Phase 3: Investigation by the Child Protection Board
The Board investigates the home situation in Tilburg through visits and interviews with the child, parents and stepparent.
Phase 4: Hearing
At the court, parties are heard: applicants, possibly the other parent, child (from age 12) and Board.
Phase 5: Decision and registration
If granted, registration in the civil registry follows after a three-month appeal period. The adoption is then fully legally valid.