Article 21: Adoption

Convention text

In adoption, the best interests of the child must be the paramount consideration. This is agreed by the countries that have signed the Convention and that permit adoption. These countries must:

1.

ensure that the adoption of a child is authorised only by the competent authorities. In doing so, those authorities must take into account the child’s relationship with their parents, relatives and others who are legally responsible for the child, such as guardians. They must also take into account the applicable laws and procedures and all relevant and reliable information. Where required, the consent of all persons concerned must be obtained after they have been fully informed and have received the necessary advice;

2.

recognise that intercountry adoption may be considered as an alternative means of the child’s care if the child cannot be placed in a foster family or adoptive family in their country of origin, or cannot otherwise be suitably cared for in that country;

3.

ensure that a child involved in intercountry adoption enjoys safeguards and standards equivalent to those existing in the case of national adoption;

4.

take all appropriate measures to ensure that, in intercountry adoption, the placement does not result in improper financial gain for those involved;

5.

promote, where appropriate, the objectives of this Article by concluding bilateral or multilateral arrangements, and endeavour to ensure that the placement of the child in another country is carried out by competent authorities or bodies.

Key point

Countries that allow adoption must ensure that the best interests of the child are the primary consideration.

Explanation

Adoption means taking a child into your family as your own. If the child still has biological parents, the legal relationship with those parents is ended. This can have a major impact. For that reason, adoption can only take place if it is authorised by a court. In adoption, the best interests of the child are paramount.

It is possible to adopt a child who already lives in the Netherlands, for example a foster child. In the Netherlands, it is not possible to adopt a child who lives abroad.

Children have the right to know who their biological parents are, if they wish. This is a right.