Adopted or related foster child

You wish to have your adopted or related foster child live with you in the Netherlands. Your child needs a residence permit to live in the Netherlands. What are the conditions for this residence permit? And how does the application procedure work?

Other conditions apply to persons with the nationality of an EU/EEA country or Switzerland and their family members.

Adoption

Adoption involves a foreign child coming to the Netherlands to live with the family that has adopted the child. For more information, please check the website of the Foundation for Adoption Services.

Foster child

A related foster child involves a foreign child coming to the Netherlands to live with a family of close family members (grandparents, brothers, sisters, uncles or aunts). The foster child can not be cared for in the home country by close relatives by blood or marriage. The inclusion of the child in the foster family in the Netherlands stems from a kind of moral obligation. The residence of the foster child in the Netherlands should not be exclusively focused on growing the child here in greater material wealth.

Dutch nationality

The information provided on this page does not apply to children who have gained Dutch nationality through adoption. A minor child gains Dutch citizenship by adoption abroad if the following conditions are met:

  • One of the parents is a Dutch citizen.
  • The adoption has been realised in accordance with The Hague Adoption Convention or Book 10 of the Dutch Civil Code (BW).
  • The family ties with the original parents are fully broken.

Conditions

There are certain conditions that apply to everyone. In addition, you and your child have to meet the following conditions:

Adopted child

  • You meet the conditions set out in the Placement of Foreign Children for Adoption Act (Wobka):
    • You are a Dutch citizen, an EU citizen, or you have a valid residence permit.
    • You have a  ' beginsltoetsemming' from the Central authority for International Children's Affairs of the Ministry of Justice and Security. This document in principle gives you approval to adopt a foreign child.
    •  In addition, you have a Statement of Approval issued by the Central Authority of International Children's Affairs of the Ministry of Justice and Security in the case of an adoption under the Hague Adoption Treaty or a "beginseltoetemming op naam" issued by the Central Authority of International Child Affairs Of the Ministry of Justice and Security, in the case of a non-treaty option. In this, the Ministry of Justice and Security has given you permission to include your foreign adoption child (child's personalities mentioned in the document) in your family for adoption.
    • Your adopted child does not have a highly infectious or chronic physical or mental disease. A medical statement from the country of origin demonstrates this.
    • You show that the biological parents have waived their rights.
    • You show that the authorities in the country of origin agree to the inclusion of your adopted child in your family.
  • You declare that you are the sponsor of your adopted child.
  • You prove the identity of your adopted child.
    Does your adopted child not have a valid border-crossing document? The IND will not reject the application if you can show his identity through other means.

Related foster child

  • Your related foster child is under 18.
  • Your related foster child has no acceptable future in his country of origin.
  • You are the grandparent, (half) brother, (half) sister, sister in law, brother in law, uncle or aunt of your foster child.
  • You are a Dutch citizen, an EU citizen, or you have a valid residence permit.
  • Your related foster child does not have a highly infectious or chronic physical or mental disease. A medical statement from the country of origin demonstrates this.
  • You can provide your related foster child with the proper care and education.
  • The parents or legal representatives agree to the foster child staying with your family.
    Sometimes you also need approval from the authorities in the country of origin. For example, when this is regulated by law in the country of origin. Or, if the parents are deceased or cannot be found.
  • You have custody of your foster child.
  • You have an independent sufficient and sustainable income.

  • You declare that you are the sponsor of your related foster child.

Other conditions may apply for Turkish nationals and their family members.

Costs

This application costs € 58. 

Checklist documents

The application form lists the documents that you have to enclose with the application. 

You have to have official foreign documents legalised and translated into Dutch, English, French or German.

 

After the application

Collect your residence permit

The IND aims to have your adopted or related foster child's residence permit ready within 2 weeks following his arrival in the Netherlands. The IND will send you a letter indicating when you and your child can collect the residence permit. For this, you have to make an appointment online at the IND desk stated in the letter. Keep in mind that it is not always possible to visit an IND desk at short notice. Therefore, please schedule an appointment in time.

Check to see if the information on the residence permit is correct while you are still at the IND desk. If something is incorrect, inform the IND staff member at once.

The validity of the residence permit depends on your situation. If you have a temporary residence permit, then the end date of your adopted or related foster child's residence permit matches yours. If you are a Dutch citizen or you have a permanent residence permit, your child's residence permit is then valid for 5 years.

Registration with the municipality

Upon arrival of your adopted or related foster child in the Netherlands, you have to register him in the Municipal Personal Records Database (BRP)  in the municipality you are going to live.

To register with the municipality, your adopted or related foster child needs a valid legalised and translated  birth certificate. Take this therefore with you when you travel to the Netherlands.

Please contact your municipality in advance to check which (legalised and translated) documents / certificates you need to take with you.

TB test

You have indicated your adopted or related foster child's intent to undergo a tuberculosis test (TB test) when you applied. You have to make an appointment for this with the Area Health Authority (GGD). You do this within 3 months after your adopted or related foster child has received the residence permit. Please take the 'TB test referral form' with you to the appointment.

Take out health insurance

Anyone living in the Netherlands must take out health insurance. You do this within 4 months following your arrival in the Netherlands.

Compulsory education

Children aged 5 to 16 must attend school in the Netherlands. They have to go to school. Is your child of this age? Please then enrol your adopted or related foster child at a school.

Validity residence permit

The validity of the residence permit depends on your situation. If you have a temporary residence permit, then the end date of your adopted or related foster child's residence permit matches yours. If you are a Dutch citizen or you have a permanent residence permit, your child's residence permit is then valid for 5 years.  

Right to work

The back of your adopted or related foster child's residence permit shows if he is allowed to work.

Please note! Not every child is allowed to work. From a certain age children are allowed to have a seasonal or part-time job.

Whether your adopted or related foster child is allowed to work depends on your work rights.

Are you a Dutch citizen? Your adopted or related foster child's residence permit states 'arbeid vrij toegestaan. TWV niet vereist' ('work allowed free from restrictions. Work permit not required').

Do you have a residence permit? Your adopted or related foster child gets the same work rights as your partner. Do you need a TWV to work, then your adopted or related foster child also needs a TWV to work. Are you not allowed to work, then your adopted or related foster child is also not allowed to work.

In the following situations your adopted or related foster child will get other work rights as you:

  • You have a residence permit as a highly skilled migrant, scientific researcher or are holder of the European Blue Card. Your adopted or related foster child may work freely. His residence permit states 'arbeid vrij toegestaan. TWV niet vereist' ('work allowed free from restrictions. Work permit not required').
  • You have a residence permit for study. Your adopted or related foster child are not allowed to work. His residence permit states 'arbeid niet toegestaan' ('work not allowed'). 

Legal obligations

There are a number of legal obligations that apply to you and your adopted or related foster child.

The IND monitors your compliance with these legal obligations. Failure to meet these legal obligations may have consequences.

Further applications (extend or change) / return visa

Replace residence permit

Is your adopted or related foster child's residence permit damaged, lost or stolen? In that case, have the residence permit replaced.

Extend residence permit

 Is your adopted or related foster child's residence permit due to expire soon? Apply for an extension.

Change residence permit

When your adopted or related foster child has had a residence permit to stay with family for 1 year, you may change his residence permit for an independent residence permit.

Has something changed in your adopted or related foster child's situation that influences his residence permit? Please report this immediately to the IND. It may mean that the residence permit has to be changed sooner.

Permanent stay

When your adopted or related foster child has had a residence permit to stay with family for 5 years, you may apply for a permanent residence permit on his behalf.

Becoming a Dutch citizen

Is the adoption decided in accordance with Dutch law and does one of the adoptive or foster parents have Dutch nationality? Your adopted child will then also gain Dutch citizenship. Otherwise your adopted child can only apply for Dutch citizenship together with you or the other parent. If your adopted child is 18 years or older, he can apply for Dutch citizenship himself.

Has your related foster child had a residence permit to stay with family for 5 years and he is 18 years or older? He can then apply for Dutch citizenship.

Return visa

If you are awaiting a procedure, you do not have a valid residence document at present and you wish to travel outside the Netherlands, you may need a return visa to re-enter the Netherlands. This could be the case if your current residence permit is no longer valid or your current residence permit will expire during your stay outside of the Netherlands. To apply for a return visa you must meet certain conditions. 

The Hague Adoption Convention

​On 29 May 1993 The Hague Adoption Convention was decided upon. In this treaty 66 countries have written down agreements on cooperation in the area of adoption between two countries. The treaty sees on both 'sending' and 'receiving' countries. Purpose of the agreements is an adoption procedure that runs as attentive as possible. The interests and rights of the child are the central issues.

Placement of Foreign Children for Adoption ACt (Wobka)

​This law states the criteria, conditions and requirements aspiring adoptive parents should meet.

Sponsor

​A sponsor is a person, employer or organisation that has an interest in the arrival of the foreign national in the Netherlands. A sponsor has rights, but also obligations with regard to the foreign national. The sponsor can start the application for the foreign national from the Netherlands .

Border-crossing document

​This is a document with which you can travel outside your own country. For example a passport.

Legal representative

​The legal representative is a person that represents another person and is legally allowed to act on his behalf. For example a parent or guardian (of a child), or a curator (of an adult).

Provisional residence permit (mvv)

​The provisional residence permit (mvv) is a visa you need if you wish to stay in the Netherlands for more than 90 days. For more information, check Regular provisional residence permit (mvv).

Dutch representation

​This is the Dutch embassy or consulate.

Country of continuous residence

​A country of continuous residence is a country (other than the country of origin) where you may lawfully live for more than 3 months. This means you have a valid residence permit for that country. Or that you are waiting for your application for a residence permit to be approved.

Are you in a country in your free term? Or with a visa for short stay (maximum of 3 months)? This is not continuous residence.

formal decision

​A formal letter with the decision on your application.

TWV

​A TWV is a work permit. The employer applies for a TWV with UWV (Netherlands Employees Insurance Agency). UWV examines among other things if there is no employee with the Dutch, EU/EEA or Swiss nationality that is qualified for the job.