Stepparent adoption concerns the legal adoption of a child by the partner of one of the parents. The stepparent is thereby officially recognised as a legal parent, together with the biological parent.
When is stepparent adoption possible?
Stepparent adoption may be an option in the following situations:
- The other biological parent has passed away
- The identity of the other biological parent is unknown
- The other biological parent no longer has parental authority
- The other biological parent consents to the adoption
Conditions for adoption
| Condition | Explanation |
|---|---|
| Relationship with the parent | Married, registered partnership, or cohabiting for at least 3 years |
| Care period | The child has been cared for for at least 1 year |
| Age criterion | Stepparent must be at least 18 years older than the child |
| Child's best interest | The adoption must promote the child's welfare |
Required consent
For stepparent adoption, consent must be obtained from:
- The partner (biological parent)
- The other biological parent (if they have authority or contact)
- The child, if 12 years or older
Substitute consent by the court
If the other biological parent refuses to give consent, the court may substitute it if:
- The child cannot expect future involvement from that parent, or
- The refusal is regarded as an abuse of the right to consent
Consequences of adoption
- The stepparent becomes the official legal parent
- The legal bond with the other biological parent terminates
- The child may take the stepparent's surname
- The child becomes an heir of the stepparent
- The maintenance obligation of the other biological parent lapses
Steps in the procedure
- Submitting a petition to the court via a lawyer
- Investigation by the Child Care and Protection Board
- Hearing at a court session
- Ruling on the adoption by the court
Is contact with the other parent still possible after adoption?
After stepparent adoption, the legal bond with the other parent lapses. Contact depends on mutual agreements. The court may establish a contact arrangement upon adoption.Can the biological parent block the adoption?
If the biological parent does not grant consent, the court may still decide on adoption if it is in the child's best interest and the parent does not maintain contact or neglects the child.Is my child's name automatically changed?
No, a name change must be separately requested at the adoption ruling. The child may take the stepparent's name or receive a combined name, depending on the court's decision.Frequently asked questions about stepparent adoption in Rijswijk
How long does the stepparent adoption process take?
The process usually takes 6 to 12 months. After submitting the petition via a lawyer, an investigation by the Child Care and Protection Board follows (approximately 3 months). Then there is a hearing and a ruling within a few months. Objection by the other parent may cause delay.
What does stepparent adoption cost?
The costs range between €1,500 and €3,500, including court fees (approximately €300), lawyer's fees (€1,000-€2,500), and any investigation costs. If you have a low income, you may be able to apply for subsidised legal aid via your lawyer.
Can my child bear both surnames?
Yes, you can request a double surname at the ruling (e.g. [biological parent]-[stepparent]). The court decides, often with the consent of a child over 12 years. For younger children, the child's best interest is considered.
What if the other biological parent seeks contact after adoption?
After adoption, the legal bond lapses, including the maintenance obligation. Contact becomes a private matter and cannot be enforced. Agreements on contact are possible but not mandatory.
Is my child's consent required?
Yes, children aged 12 and older must consent. Children aged 10 and older are heard, but their opinion is not decisive. The court takes the child's wish into account in its decision.
Is adoption possible when cohabiting unmarried?
Yes, provided you have cohabited for at least 3 years and cared for the child during that period. For a shorter period, adoption is usually not possible.
Relevant authorities in Rijswijk:
Court: District Court of The Hague (district)
Juridisch Loket: Juridisch Loket Rijswijk