Adoption and transition

In the Netherlands, adoption is regulated by the Dutch Civil Code.

The Dutch legal framework

In the Netherlands, adoption is regulated by the Dutch Civil Code. Adoption is open to couples (married or cohabiting) and single people who meet the age, health and stability requirements. A change in gender registration does not prevent someone from adopting.

Stepparent adoption and co-motherhood

For couples in which one partner has transitioned, stepparent adoption may be relevant when parenthood does not arise automatically through birth. Since 2014, lesbian couples have been able to establish co-motherhood through legal recognition; similar arrangements may be relevant for transgender parents.

International adoption

Intercountry adoption is governed by the rules of the Hague Adoption Convention and the regulations of the child’s country of origin. Some countries do not accept adoption applications from LGBTQI couples or people whose gender registration has been changed.

Requirements in practice

Anyone wishing to adopt a child in the Netherlands needs a court ruling. The court assesses whether the adoption is in the child’s best interests and whether the child can no longer expect anything from their original parents. Couples must have lived together for at least three years and have cared for the child for one year. When adopting a child from outside the family, the Child Care and Protection Board conducts a family assessment. This covers stability, health and capacity to provide care. The applicant’s gender registration is not a legal criterion.

Intercountry adoption is being phased out

Adoption from abroad has declined sharply in the Netherlands. In 2021, an investigative committee identified serious abuses in past adoptions, after which the procedures were suspended. In 2024, the government decided to phase out intercountry adoption entirely over the course of several years. For transgender people and same-sex couples, this route was already limited because many countries of origin do not accept them as adoptive parents.

Parenthood without adoption

For many transgender parents, adoption is not the first route. Since the 2014 Transgender Act, infertility has no longer been a requirement for changing gender registration, meaning that people can have children themselves after making that change. Information on what medical treatment means for fertility can be found under fertility and transition. The law then determines who the legal parent is. Stepparent adoption remains important when parenthood does not arise by operation of law or through legal recognition. More information on how parentage law addresses this can be found under parenthood after transition; the rules for changing the registration itself are explained under changing gender registration.