Revocation of adoption

To protect both the child’s and the parents’ interests in preserving the stability of their family relationship, adoption can be revoked only on legal grounds provided in family law.

Court's decision

A court may declare an adoption invalid if the adoption took place without the petition of the adoptive parent or without the consent of one of the parents. A petition for declaration of invalidity of an adoption may be filed only by a person without whose petition or consent the child was adopted. 

A petition on behalf of a child under 14 years of age shall be filed by their legal representative.

Before a child becomes an adult, a court may, on its own initiative, declare the adoption invalid in the weighty interests of the child.

Consequences

With the revocation of the adoption, the child’s biological parents become their legally recognized parents again. All personal and property relations, except the parents' right of custody, towards their biological parents are thus renewed, but are terminated with respect to the adoptive parents.

What human rights violation may there be?

Unlawful revocation of an adoption may lead to a violation of your right to a private and family life.

Resources

Last updated 18/08/2020