Reverse adoption? It is possible!

Published by: Fabrizia de Wit-Facchetti posted on 20 February 2018 reading time

When adopting a child, people often have the idea that the adopted child will do well in the adoptive parents' family. This is usually the case. But not always the adopted child is lucky and therefore wants to break the bond with the adoptive parents. Or sometimes, after a search by the adopted child for the biological parents, the blood tie proves to be stronger than the tie with the adoptive parents. Then the wish arises to undo the adoption.

The law gives a possibility to do so. However, this is subject to strict conditions; revocation of the adoption must be in the interest of the adoptee. The judge must also be convinced of the reasonableness of the annulment. Finally, the law sets a deadline for the annulment of the adoption: annulment can take place when the adopted child isbetween 20 and 23 years old.

The legislator has arrived at this period of time in order, among other things, to prevent that only financial and even immoral reasons would be given too much leeway. Also to prevent the adoptee from using the withdrawal as a means of threatening his/her adoptive parents.

The period for revocation is very short and, in principle, too late is too late. However, the courts have ruled several times that a request for revocation must be granted, even though it was actually too late. In such cases, it has been stated that the deadline was an unacceptable intrusion into the private, family and family life of the adoptee. Even a request from an adoptee who was already 49 years old at the time was granted by the court. Of course, good reasons must be given as to why the deadline was exceeded. Ignorance on the part of the adoptee of the possibility of submitting a request for revocation may play a part in this.

As a result of the revocation, the family law ties between the adoptee and his adoptive parents and their blood relatives are severed. The family law ties between the adopted child and his/her biological parents are restored afterwards.

Revoking an adoption can only be done through the courts. You will need a lawyer for this.

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