Stepparent adoption is granted even if the legal requirements are not met: the best interests of the child are paramount!
Stepparent adoption is adoption by the partner of the child's father or mother. Strict conditions apply to such an adoption: the stepparent must have lived with the parent for three years and they must have cared for the child together for one year. In addition, the adoption must be in the best interests of the child and it must be clear that the child can no longer expect anything from his/her parent(s).
This case, which Mr Veken represented as a lawyer, involved a marriage between the mother of the child and the new partner. The child's biological father came from Congo and was unknown. After only a few months of living together with her new partner, the mother left and did not hear from her again. The child was left with a 'stepfather'.
Because the stepfather did not have parental authority over the child, this caused many practical problems, such as applying for identification and child benefit. Initially, he only asked the court to award him custody, but after years of the mother's absence, he asked for (step-)adoption. By adoption, according to the law, a child becomes your own child, with all the associated rights and obligations.
In this case, the legal requirements for step-parent adoption were not met. Nevertheless, the judge approved the adoption. The judge found that the child had a good relationship with stepfather. In addition, the Child Protection Board supported stepfather's request. In the end, the interests of the girl were decisive. The stepfather can now officially call himself 'father'.
You can read the full judgment here .
Do you want to adopt a child (your partner's) or do you want to reverse an adoption?