Adoption after surrogacy
Because there are currently no clear laws and regulations governing surrogacy in the Netherlands, intended parents often have to resort to adoption. This procedure is carried out in a Dutch court. Once the judge has granted the adoption or reckognized their legal parenthood, the intended parents become the child's legal parents with parental authority. The legal ties with the original parent (in this case, the surrogate mother and possibly her spouse) are then severed.
The law states that you must have cared for the child for at least one year before you can proceed with the adoption. However, this period of care has been waived in surrogacy cases in court, and I have extensive experience with such procedures.
Stepparent adoption
It may also be the case that you, as a step-parent, have been caring for a child for a long time, together with your partner. If you have been living with your partner for at least three years and have been caring for the child for at least one year, you can ask the court to allow you to adopt your stepchild. A step-parent adoption is carried out in situations where, for example, the other parent is no longer in the picture or has died. You must also meet other requirements. I can tell you more about this in a personal consultation.
After the adoption, you and your partner will be the legal parents (with parental authority) of the child.
Adoption of foster child(ren)
Have you been caring for a foster child for a long time (at least 1 year) and is it no longer possible for the child to return to his or her original parents? Do you also wish to care for and raise the child until he or she reaches the age of majority? Then it may be possible to adopt the child. Adoption makes you the child's legal parent with parental authority. In concrete terms, this means that foster parenthood is converted into parenthood.
Legal assistance with adopting a child
Adopting a child is an emotional and life-changing process, both for the child and for you as prospective adoptive parent(s). In addition, the adoption process in the Netherlands is subject to strict laws and regulations. WENS Family Law knows the (international) rules inside out. As a lawyer, I can inform you about this and guide you through the adoption process. Do you have any questions about the adoption process? Feel free to contact me for more advice.