INTERCOUNTRY ADOPTION


NETHERLANDS, THE


November 2006

DISCLAIMER: The following is intended as a very general guide to assist U.S. citizens who plan to adopt a child from a foreign country and apply for an immigrant visa for the child to come to the United States. Two sets of laws are particularly relevant: 1) the laws of the child’s country of birth govern all activity in that country including the adoptability of individual children as well as the adoption of children in country in general; and 2) U.S. immigration law governs the immigration of the child to the United States.

The information in this flyer relating to the legal requirements of specific foreign countries is based on public sources and our current understanding. It does not necessarily reflect the actual state of the laws of a child’s country of birth and is provided for general information only.  Moreover, U.S. immigration law, including regulations and interpretation, changes from time to time. This flyer reflects our current understanding of the law as of this date and is not legally authoritative. Questions involving foreign and U.S. immigration laws and legal interpretation should be addressed respectively to qualified foreign or U.S. legal counsel.


PLEASE NOTE:  Adoption in the Netherlands is an involved procedure that can take years to finalize.  American citizens contemplating adopting a Dutch child, or American citizens residing in Holland contemplating adopting a foreign child under Dutch law, are urged to contact the Dutch adoption authority listed below for the most up-to-date information on adoption procedures. 


PATTERNS OF IMMIGRATION OF ADOPTED ORPHANS TO THE U.S.:  In recent years about 50 Dutch-born children have been given up for adoption per year, all of whom were adopted in the Netherlands.  The U.S. Consulate General in Amsterdam has not processed any cases involving native Dutch children for adoption in the United States in many years. 

Each year there are between 2,000 and 2,500 requests by residents of the Netherlands to register for the adoption of a child from overseas.  The adoption procedure is essentially the same as for adoption of a child born in the Netherlands.  U.S. citizens resident in the Netherlands who wish to adopt a child may consider carrying out the adoption procedure in the United States, then bringing the child to the Netherlands.  Adoptions legally finalized in countries that have ratified the Hague Convention on Protection of Children and Cooperation in Respect to Intercountry Adoption are automatically recognized in the Netherlands.  As the United States has not yet ratified the Convention, an adoption legally finalized in the U.S. must be recognized by a Dutch judge for it to be valid in the Netherlands.  This requires hiring a Dutch attorney.  In most cases this process is straightforward.  The Dutch Adoption Conflict Act determines what is required for recognition.  Upon ratification of the Hague Convention by the United States an adoption finalized in the U.S. before the child enters the Netherlands will be immediately recognized in the Netherlands.


ADOPTION AUTHORITY IN THE NETHERLANDS:
The Ministry of Justice is responsible for adoptions: 
Ministry of Justice
Directie Justitiele Jeugdbescherming
Centrale Autoriteit Internationale Adoptie
PO Box 20301, 2500 EH
Den Haag, The Netherlands
All contact with the Ministry should be made through the Foundation for Adoption Services (Stichting Adoptievoorzieningen) listed hereafter. 

The Ministry is not, however, directly involved in the initial adoption procedures.  To request an application for a “permit in principle” (Beginseltoestemming) to begin the adoption process, prospective adoptive parents should contact:
Stichting Adoptievoorzieningen (Foundation for Adoption Services)
Postbus 290,
3500 AG  Utrecht
The Netherlands
Tel: +31 30 233 0340
Fax: +31 30 232 1777
Email: (messages via website below)
Website:  www.adoptie.nl


ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS:  Individuals, persons living together, and married couples may start an adoption procedure.  Adopting a child jointly is only possible for married couples; it is not possible for persons living together and persons in registered partnerships.  Those cases are considered, by law, to be single-parent adoption cases.  Although the Netherlands is a jurisdiction that recognizes same-sex marriages, married same-sex couples only have the possibility of adopting a child born in the Netherlands. 

The applicant(s) should be 41 years old or younger upon registration, although certain exceptions may be allowed up to age 44.  Applicants must undergo health assessments, give permission for review of their judicial/police records, agree to obtain all required medical care and vaccinations for the child, and provide a surety for all costs related to the child and the adoption.


RESIDENCY REQUIREMENTS:  Prospective adoptive parents in the Netherlands must have Dutch residence permits if they are not Dutch nationals, and must live in the Netherlands. 


TIME FRAME:  The entire adoption procedure in the Netherlands takes from three to five years. 


ADOPTION AGENCIES AND ATTORNEYS:  Prospective adoptive parents are advised to fully research any adoption agency or facilitator they plan to use for adoption services.  For U.S.-based agencies, it is suggested that prospective adoptive parents contact the Better Business Bureau and/or the licensing office of the appropriate state government agency in the U.S. state where the agency is located or licensed.
Please see Important Notice Regarding Adoption Agents and Facilitators at the Department of State Bureau of Consular Affairs web site travel.state.gov.

Prospective adoptive parents may visit: www. adoptie.nl for a list of licensed adoption agencies in the Netherlands.  The U.S. Embassy and Consulate General in the Netherlands maintain a list of attorneys.  This list is accessible at:  http://netherlands.usembassy.gov/legal_assistance3.html.


ADOPTION FEES IN THE NETHERLANDS:  Compulsory preparation and information sessions cost € 900 per applicant.  The Foundation for Adoption Services estimates that total costs for adoption procedures in the child's country of origin, depending on the country and the intermediary organization involved, amount to between € 7,500 and € 20,000.  Additional costs in the Netherlands include € 1,000 to have a contact screened by one of the mediating organizations in cases of self-established contacts; € 285 for the child's permit to stay in the Netherlands; € 600 for the Dutch adoption declaration.  Note:  As of the date of this flyer, the exchange rate is one Euro to $1.28 U.S. dollars.


ADOPTION PROCEDURES AND DOCUMENTS REQUIRED FOR ADOPTION IN THE NETHERLANDS:  Detailed and up-to-date information should be obtained from the Stichting Adoptievoorzieningen (Foundation for Adoption Services) at the address listed above.

The Dutch adoption procedure is based on the Hague Intercountry Adoption Convention.  Prospective adoptive parents register with the Foundation for Adoption Services.  After a waiting period (currently 18-20 months), prospective adoptive parents complete six information sessions over three months.  After the prospective parents complete these sessions, their file is transferred to Dutch Child Protective Services, which evaluates the applicants' physical and mental health and suitability and arranges for a home study involving various meetings with social workers over the course of two to three months.  On the basis of the home study report, the Ministry of Justice determines whether a "permit in principle," valid for three years, will be issued, giving the prospective adoptive parents the authorization to begin the mediation process used to identify a well-suited parent-child match.  Specific rules apply.  The child should be under six years old and the age difference between the future parent and the child should be no more than 40 years (certain exceptions apply to both conditions). 


AUTHENTICATING U.S. DOCUMENTS TO BE USED ABROAD:  The language describing the process of authenticating U.S. documents to be used abroad is currently under review.  Please click on the following link for more information until the new language is finalized: http://www.travel.state.gov/law/info/judicial/judicial_701.html.


EMBASSY OF THE NETHERLANDS IN THE UNITED STATES:

The Embassy of the Kingdom of the Netherlands
4200 Wisconsin Avenue, N.W.
Washington, D.C.  20016-2138
Tel: (202) 244-5300
Fax: (202) 362-3430
Email:  was@minbuza.nl (email)
Website:  www.netherlands-embassy.org

The Netherlands also has the following Consulates-General in the United States: 

Consulate-General Chicago
Chicago, IL
312-856-0110 (phone)
312-856-9218 (fax)
chi@minbuza.nl (email)
www.cgchicago.org (website)

Consulate-General Los Angeles, CA
310-268-1598 (phone)
310-312-0989 (fax)
los@minbuza.nl (email)
www.ncla.org (website)

Consulate-General Miami
701 Brickell Ave, 5th floor
Miami, FL 33131
1-877-DUTCHHELP (phone)
1-877-388-2443 (phone)
786-866-0497 (fax)

Consulate General New York, NY
212-246-1429 (phone)
212-333-3603 (fax)
nlgovnyc@spacelab.net (email)
www.cgny.org (website)
Please call or e-mail us for an appointment. 


U.S. IMMIGRATION REQUIREMENTS:  Prospective adoptive parents are strongly encouraged to consult USCIS publication M-249, The Immigration of Adopted and Prospective Adoptive Children , as well as the Department of State publication,International Adoptions.  The USCIS publication is available at the USCIS web site . The Department of State publication International Adoptions can be found on the bureau of consular affairs web site, travel.state.gov, under “intercountry adoption.”

Before completing an adoption abroad, prospective adoptive parents are strongly encouraged to read the requirements for filing Form I-600, Petition to Classify Orphan as an Immediate Relative.  Please see the flyer “How Can Adopted Children Come to the United States” at the U.S. Department of State, Bureau of Consular Affairs web site travel.state.gov.


U.S. CONSULATE GENERAL IN THE NETHERLANDS: Americans living or traveling abroad are encouraged to register with the nearest U.S. Embassy or Consulate through the State Department’s travel registration website, https://travelregistration.state.gov/, and to obtain updated information on travel and security within the country of travel.  Americans without Internet access may register directly with the nearest U.S. Embassy or Consulate.  By registering, American citizens make it easier for the Embassy or Consulate to contact them in case of emergency.  The Consular Section is located at
U.S. Consulate General Amsterdam
Museumplein 19
1071 DJ Amsterdam
The Netherlands


APPLYING FOR A VISA AT THE U.S. CONSULATE IN THE NETHERLANDS: The U.S. Embassy in the Hague does not adjudicate visa applications or deal with adoption-related questions.  Visas are adjudicated by the U.S. Consulate General in Amsterdam, whose Immigrant Visa Unit handles adoption-related questions.  There is no same-day service for immigrant visas.  U.S. citizens planning on adopting children in the Netherlands (or from another country for immigration to the Netherlands) are encouraged to address inquiries to:

American Consulate General
Immigrant Visa Unit
Attention: Adoption Issues
Museumplein 19
1071 DJ Amsterdam
The Netherlands
Tel: +31 20 575 5331
Fax: +31 20 575 5310
Email: ConsularAmster@state.gov

ACQUIRING U.S. CITIZENSHIP: The language describing the acquisition of U.S. citizenship for adopted children is currently under review.  Until the new language is finalized, please click on the following link for further information: http://travel.state.gov/family/adoption/info/info_457.html.


ADDITIONAL INFORMATION: Specific questions about adoption in the Netherlands may be addressed to the U.S. Consulate General in Amsterdam. General questions regarding intercountry adoption may be addressed to the Office of Children’s Issues, U.S. Department of State, CA/OCS/CI, SA-29, 4th Floor, 2201 C Street, NW, Washington, D.C. 20520-4818, toll-free Tel: 1-888-407-4747 .

Useful information is also available from several other sources:

Telephone:
• Toll Free - For information on intercountry adoption and international parental child abduction, call Overseas Citizens Services at 1-888-407-4747.  This number is available from 8:00 a.m. to 8:00 p.m. Eastern Standard Time, Monday through Friday (except U.S. federal holidays).  Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444.
• U.S. Department of State Visa Office - recorded information concerning immigrant visas for adopting children, (202) 663-1225.
• U.S. Citizenship and Immigration Services - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).

Internet :
• Adoption Information Flyers: The U.S. Department of State, Bureau of Consular Affairs web site at: http://travel.state.gov/ contains intercountry adoption information flyers like this one and the International Adoptions brochure.
• Country Specific Information:   The State Department has general information about hiring a foreign attorney and authenticating documents that may supplement the country-specific information provided in this flyer.  In addition, the State Department publishes Country Specific Information for every country in the world, providing information such as location of the U.S. Embassy, health conditions, political situations, and crime reports.  If the situation in a country poses a specific threat to the safety and security of American citizens that is not addressed in the CSI for that country, the State Department may issue a Travel Alert alerting U.S. citizens to local security situations.  If conditions in a country are sufficiently serious, the State Department may issue a Travel Warning recommending that U.S. citizens avoid traveling to that country.  These documents are available on the Internet at: http://travel.state.gov/ or by calling the State Department's Office of Overseas Citizen Services Toll Free at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday (except U.S. federal holidays).  Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444.
• USCIS web site - http://uscis.gov/.