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Adoption

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Submitted By Suzxnne
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Inhoudsopgave
Inleiding
Geschiedenis van de adoptie
Huidige wetgeving Adoptieverzoek Voorwaarden van de adoptie Gevolgen van adoptie Herroeping van adoptie
Adoptieprocedure

Inleiding

In het eerste hoofdstuk vertel ik over de geschiedenis van de adoptie. Vervolgens wil ik in hoofdstuk 2 de huidige wetgeving omtrent adoptie bespreken. Deze wetten staan vermeld in het Burgelijk Wetboek boek 1, artikel 227-232. Met de artikelen als leiddraad ben ik tot de volgende paragrafen gekomen: Het adoptieverzoek, De voorwaarden voor adoptie, De gevolgen van adoptie en Herroeping van adoptie. In hoofdstuk 3 bespreek ik de adoptieprocedure in Nederland.

De geschiedenis van de adoptie
De eerste wetten wat betreft adoptie stammen uit de tijd van de oude Romeinen. Het ging hier dan voornamelijk over het adopteren van jongens om te voorkomen dat de familie zou uitsterven. Dit was vanwege de Romeinse godsdienst erg belangrijk voor de Romeinen. Ze geloofden namelijk dat de zoon of andere mannelijke afstammeling offers moest brengen na de dood van de vader zodat de vader verzekerd was van zielenrust.

In 1811 kreeg Nederland voor het eerst wetten met betrekking tot adoptie. Deze wetten stonden in de Code Civil die hier toen van kracht was. Deze wet had hetzelfde doel als de Romeinen hadden: voorkomen dat een familie uitsterft. In het Burgerlijk Wetboek dat in 1838 werd ingevoerd is de adoptiewet niet meer opgenomen. De adoptiewet is toen dus weer verdwenen uit Nederland.

In 1956 werd de Adoptiewet in Nederland weer ingevoerd. Bij de Romeinen en Fransen was de adoptie in het belang van de ouders en de familie. In de wet die in 1956 werd ingevoerd staat het belang van het kind centraal. De adoptiewet is dus niet bedoeld om kinderloze ouders van een kind te voorzien maar om een kind dat bescherming nodig heeft te voorzien van ouders. Dit komt naar voren in artikel 1:227 derde lid van het BW: ''Het verzoek kan alleen worden toegewezen , indien de adoptie in het kennelijk belang van het kind is, op het tijdstip van het verzoek tot adoptie vaststaat en voor de toekomst redelijkerwijs te voorzien is dat het kind niets meer van zijn ouder of ouders in de hoedanigheid van ouder te verwachten heeft, en aan de voorwarden, genoemd in artikel 228, wordt voldaan.''. Op de hier genoemde voorwaarden kom ik later terug.

Sinds 1956 is de wet een aantal keer aangepast en verruimd. Zo kunnen nu ook stellen van gelijk geslacht een kind adopteren. En hoeven stellen niet meer getrouwd te zijn om een kind te kunnen adopteren.

Het adoptieverzoek

''Adoptie geschiedt door een uitspraak van de rechtbank op verzoek van twee personen tezamen of op verzoek van een persoon alleen. Twee personen tezamen kunnen geen verzoek tot adoptie doen, indien zij krachtens artikel 41 geen huwelijk met elkaar zouden mogen aangaan.'' (artikel 1:227 eerste lid BW boek 1)

Er mag dus geen gezamenlijk verzoek ingediend worden door twee personen die een nauwe familieband met elkaar hebben. Dit geldt ook voor bijvoorbeeld een broer en zus die door middel van adoptie broer en zus zijn. Wel kan het verzoek ingediend worden door een van de twee.

In Nederland is adoptie alleen mogelijk via de rechter. In sommige landen kan adoptie ook geregeld worden via de notaris. In Nederland kan dat niet omdat adoptie een maatregel van de kinderbescherming is en de verantwoordelijkheid hiervan bij de rechter ligt.

''Indien het kind is of wordt geboren binnen de relatie van de adoptant en de ouder en het kind door en tengevolge van kunstmatige donorbevruchting als bedoeld in artikel , onder c, van de WEt donorgegevens kunstmatige bevruchting is verwekt en een door de stichting , bedoeld in de wet, ter bevestinging hiervan afgegeven verklaring wordt overgelegd, wordt het verzoek toegewezen, tenzij de adoptie kennelijk niet in het belang van het kind is, of niet is voldaan aan de voorwaarden, genoemd in artikel 228.'' (artikel 1:227 vierde lid BW boek 1)

Dit lid is per 1 juli 2013

--------------------------------------------
[ 2 ]. Vlaardingerbroek e.a. , p.208
[ 3 ]. Evers, Vat p.87
[ 4 ]. Evers, Vat p.87
[ 5 ]. Evers, Vat p.89
[ 6 ]. Evers, Vat p. 89

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