Child adoption in the Netherlands: conditions and procedure

Adopting a child in the Netherlands is possible, but only through a decision of the district court and under strict conditions in Articles 1:227 and 1:228 of the Dutch Civil Code (BW). The main exception is intercountry adoption: in December 2024 the government decided to wind down adoption from abroad over six years, and a draft bill published in January 2026 would stop new registrations once it enters into force and end the remaining procedures in 2030.

Domestic adoption, such as adoption by a stepparent or foster parent, continues under the ordinary rules. This page deals with adopting a minor; adopting an adult is covered in ზრდასრული ადამიანის შვილად აყვანა ნიდერლანდებში.

ვის შეუძლია ბავშვის აყვანა ნიდერლანდებში?

Two people together or one person alone. Under Article 1:227(1) BW, adoption always takes place through a decision of the court (rechtbank), and marriage or a registered partnership is not required.

Two people who apply together must have lived together for at least three consecutive years immediately before the request (Article 1:227(2) BW). The same applies to the spouse, registered partner or cohabiting partner of a parent, unless the child was born within their relationship.

The court only grants the adoption if it is in the evident interest of the child (kennelijk belang van het kind), and if it is clear, now and for the future, that the child has nothing more to expect from its original parent or parents in their role as parent (Article 1:227(3) BW). The court looks at the child’s actual situation, not at the wishes of the adults.

Which conditions does Article 1:228 BW set?

The most important conditions are:

• the child is a minor on the day of the request;
• a child of 12 or older does not object at the hearing; the same applies to a younger child who can reasonably assess its interests;
• ბავშვი არ არის მშვილებელი მშობლის შვილიშვილი;
• each adoptive parent is at least 18 years older than the child;
• არცერთი პირველი მშობელი არ ეწინააღმდეგება მოთხოვნას;
• მშვილებელი მშობელი ან მშობლები ბავშვზე ზრუნავდნენ და ზრდიდნენ მინიმუმ ერთი წლის განმავლობაში;
• the original parents do not, or no longer, have parental authority, except in a stepparent adoption, where the parent keeps authority.

A parent’s objection does not always block the adoption. Under Article 1:228(2) BW, the court can set it aside if the child and the parent have hardly ever lived together as a family, if the parent abused authority or grossly neglected the child’s care, or if the parent was irrevocably convicted of certain serious offences against the child.

For a child born within the relationship of the mother and her partner through donor insemination with an unknown donor, Article 1:227(4) BW contains a separate, lighter rule for adoption by the partner.

რა ხდება საერთაშორისო შვილად აყვანასთან დაკავშირებით?

In December 2024 the government decided to wind down intercountry adoption over six years; under the draft bill of January 2026, new registrations stop once the law enters into force, and the last procedures end in 2030. Families who already had a BKA number (Buitenlands Kind ter Adoptie) could continue, but completion is not guaranteed.

The government’s reasoning is that children are best helped by growing up in a safe environment in their own country or culture, following investigations into abuses in past intercountry adoptions. In practice:

• without a BKA number, a new intercountry adoption through the Dutch system is no longer possible;
• families already in a procedure are bound by the deadlines of the wind-down plan;
• adoption of a child already living in your family, such as a stepchild or foster child, falls under the domestic rules and is not affected.

How does the adoption procedure work?

You file a request (verzoekschrift) with the district court, which examines the conditions and decides after a hearing. No government agency decides on a domestic adoption; the decision lies with the judge.

Before filing, check that the periods have passed on the day of the request: at least one year of care and upbringing and, where required, three consecutive years of living together. A request filed too early can be refused. Find out early, where possible and safe, whether the original parents will object.

The court needs proof of identity, civil status and the family situation: birth certificates, any marriage or partnership certificate, and proof of a shared address, for example registration in the Personal Records Database (BRP), and of how long you have cared for the child. Foreign documents usually need an apostille or legalisation and a sworn translation. Whether you need a lawyer depends on the type of case; rechtspraak.nl explains the requirements.

What are the effects of an adoption?

The adoptive parents become the child’s legal parents. Under Article 1:229 BW, the legal family ties with the original parents and their relatives end, except in a stepparent adoption, where the ties with the parent who is the adoptive parent’s partner remain.

Dutch adoption is therefore a full adoption, and a child cannot have more than two legal parents. In a stepparent adoption, the legal tie with the other original parent ends.

Under Article 5 of the Dutch Nationality Act (Rijkswet op het Nederlanderschap), a child adopted by a Dutch court decision becomes Dutch if the child was a minor on the day of the first-instance decision and at least one adoptive parent is Dutch. The child acquires Dutch nationality three months after the decision, or later if an appeal is lodged. Foreign adoptions follow separate rules.

აქვს თუ არა თანამშრომელს, რომელიც შვილად აიყვანეს, უფლება შვებულებაში წავიდეს?

Yes. Under Article 3:2 of the Work and Care Act (Wet arbeid en zorg), an employee who adopts a child is entitled to up to six consecutive weeks of adoption leave (adoptieverlof) within a period of 26 weeks, starting four weeks before the child joins the family.

The employee can ask to spread the leave over the 26 weeks; the employer can refuse only if compelling business or service interests require it (Article 3:2(4)). The leave is unpaid by the employer, but the Employee Insurance Agency (UWV) pays an adoption benefit; the same rules apply to taking in a foster child (Article 3:2(5)).

რაც შეეხება საზღვარგარეთ აყვანილ ბავშვს?

A foreign adoption can be recognised in the Netherlands, depending on where and how it took place. The rules are in the Hague Adoption Convention and Book 10 of the Dutch Civil Code.

Recognition matters for the child’s registration, parental authority and nationality. A foreign adoption that does not fully break the ties with the original parents may have different effects. If the child does not have Dutch nationality, a residence permit from the IND may be needed; check this before the child travels to the Netherlands.

For expats, also check whether a Dutch adoption will be recognised in your home country, and note that a move abroad before filing can affect which court has jurisdiction and which law applies.

What should you check as an adoptive parent?

• Have you cared for the child for at least one year, and lived together with your partner for three consecutive years, on the day of filing?
• Is each adoptive parent at least 18 years older than the child?
• Do the original parents agree, or does a ground of Article 1:228(2) BW apply?
• Are all civil status documents complete, consistent and, if foreign, legalised and translated?
• Will the adoption be recognised in any other country relevant to your family?

რა უნდა შეამოწმოთ, როგორც პირველმა მშობელმა?

• Have you received the request, and do you want to object?
• Have you lived with the child as a family, which affects whether your objection can be set aside?
• Do you still hold parental authority over the child?
• Do you understand that adoption ends your legal family tie with the child?

What can we do for you with an adoption?

ჩვენი ოჯახის იურისტები assist adoptive parents and original parents in adoption procedures.

• We check the conditions of Articles 1:227 and 1:228 BW before you file.
• We draft and file the request with the district court and collect the documents.
• We set out why an objection by a parent can be set aside, or defend that objection.
• We advise on recognition abroad, nationality and the IND residence permit.
• We deal with related questions such as parental authority and the child’s surname.

შემაჯამებელი

• Adoption in the Netherlands always takes place through a court decision and must be in the evident interest of the child (Article 1:227 BW).
• Adoptive parents must be at least 18 years older than the child and have cared for the child for at least one year; couples must have lived together for three consecutive years.
• Intercountry adoption is being wound down; under the draft bill of January 2026 the last procedures end in 2030.
• Domestic adoption, such as stepparent or foster parent adoption, remains possible.
• დასაქმებულს, რომელიც შვილს იშვილებს, უფლება აქვს ისარგებლოს ექვს კვირამდე შვებულებით UWV შეღავათებით.

ხშირად დასმული შეკითხვები