The recognition of foreign adoptions still proves to be a complicated matter, especially when it later appears that the foreign adoption falls neither under the provisions of the adoption Treaty of The Hague nor the Dutch legislation.

The adoptive parents often come out last in this situation after they’ve gone through the local procedures and have incorporated the child in their family. The parents have Dutch nationality, but their children cannot get a Dutch passport. How is this possible? It’s essentially due to the fact that a foreign adoption is recognised by neither the Dutch Embassy nor the Dutch civil records official. Our adoption lawyers often see this kind of annoying situation in their practice. Based on their expertise and experience, they are able to give you an in-depth recommendation and if necessary, can initiate a legal procedure.

A recent case concerned a woman who had Brazilian as well as Dutch nationalities. Due to family circumstances, it was necessary for her to stay for long periods in both Brazil and the Netherlands. She was married to a Dutch man, who had to remain in the Netherlands for work and could not travel with her to Brazil. While she was in Brazil, the woman spent a lot of time caring for heavily neglected and maltreated child. She and the child formed a close bond with each other, which led to her desire to adopt the child. By Brazilian law, the woman had the right to adopt the child, because she had Brazilian nationality. But the Brazilian adoption was not recognised in the Netherlands, nor could the child get a Dutch residence permit. At that point, one of our adoption attorneys appealed to the Court and a decision about the adoption resulted in the child finally receiving a Dutch passport.

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