Dutch passport

Hi I know I have another thread but I made it all sound really complicated.

The basic question is this:


Can a 2nd gen dutch national (born outside the Netherlands, to dutch parents) pass dutch nationality/citizenship to their adopted child? (who was also born outside Netherlands)

Possibly.

Basically the answer is yes; adoption is dealt with in article 5 of the Dutch Citizen Act
However, I would strongly advice to contact the nearest Dutch Embassy for confirmation. You would probably need to do so anyway, of course, to apply for a passport.

fysicus wrote:Basically the answer is yes; adoption is dealt with in article 5 of the Dutch Citizen Act
However, I would strongly advice to contact the nearest Dutch Embassy for confirmation. You would probably need to do so anyway, of course, to apply for a passport.

Thankyou for your help. does it not matter that my fiance lives outside of the netherlands and his "father" was not born there either? like it can come from the grandparents who are nationals straight down to him? I'm only asking because that was his problem with just getting uk citizanship, his british mum was not born in the uk so she couldn't pass it to a third gen.

He is no longer a child, i should have mentioned that.

Janey142 wrote:I'm only asking because that was his problem with just getting uk citizanship, his british mum was not born in the uk so she couldn't pass it to a third gen.

This is because the British jus sanguinis is not sticky, actually it is pretty watery. In other countries (Germany, Turkey, Italy), it is the other way around. To make an example: as long as your grandfather was Italian at the moment of the birth of your father and the former didn't loose that status before the latter reached majority age, your father will be an Italian citizen, no matter where he was born after the 17 March 1861 (and in a lot of scenarios, even before the very birth of the country, they may accept Two Sicilies, Sardinian or Grand Duchy of Tuscany passport holders under a wide spectrum of circumstances!). And after the 13th June 1912, only the condition of the father holding the citizenship at birth was required. From the 1 January 1948 then this was extended also to Italian mothers.

I wouldn't be surprised if the birthplace of the adoptive father wouldn't be a factor also for the Dutch.

aledeniz wrote:

Janey142 wrote:I'm only asking because that was his problem with just getting uk citizanship, his british mum was not born in the uk so she couldn't pass it to a third gen.

This is because the British jus sanguinis is not sticky, actually it is pretty watery. In other countries (Germany, Turkey, Italy), it is the other way around. To make an example: as long as your grandfather was Italian at the moment of the birth of your father and the former didn't loose that status before the latter reached majority age, your father will be an Italian citizen, no matter where he was born after the 17 March 1861 (and in a lot of scenarios, even before the very birth of the country, they may accept Two Sicilies, Sardinian or Grand Duchy of Tuscany passport holders under a wide spectrum of circumstances!). And after the 13th June 1912, only the condition of the father holding the citizenship at birth was required. From the 1 January 1948 then this was extended also to Italian mothers.

I wouldn't be surprised if the birthplace of the adoptive father wouldn't be a factor also for the Dutch.

Very informative. do you think it would matter that he is no longer a child and trying to claim nationality based on adoption when he WAS a child?

Janey142 wrote:

fysicus wrote:Basically the answer is yes; adoption is dealt with in article 5 of the Dutch Citizen Act
However, I would strongly advice to contact the nearest Dutch Embassy for confirmation. You would probably need to do so anyway, of course, to apply for a passport.

Thankyou for your help. does it not matter that my fiance lives outside of the netherlands and his "father" was not born there either? like it can come from the grandparents who are nationals straight down to him? I'm only asking because that was his problem with just getting uk citizanship, his british mum was not born in the uk so she couldn't pass it to a third gen.

He is no longer a child, i should have mentioned that.

There are many factors that play a role. First of all, the date on which the adoption took place. The Dutch law has been changed from time to time, and you need the version that was in force at the time of the adoption. Your boyfriend should not yet have reached the age of 18 when he was adopted.
Furthermore, I suppose from your story that neither your boyfriend nor his adoptive father have ever applied for a Dutch passport or even an official confirmation of Dutch citizenship. This means that they could have lost their Dutch nationality (if they ever had it, with or without knowing it) automatically by now.
To find out, they should contact the nearest Dutch Embassy (South Africa, I presume). In such cases the burden of proof is mainly with the applicant, so first gather as much documentary evidence as possible.

fysicus wrote:

Janey142 wrote:

fysicus wrote:Basically the answer is yes; adoption is dealt with in article 5 of the Dutch Citizen Act
However, I would strongly advice to contact the nearest Dutch Embassy for confirmation. You would probably need to do so anyway, of course, to apply for a passport.

Thankyou for your help. does it not matter that my fiance lives outside of the netherlands and his "father" was not born there either? like it can come from the grandparents who are nationals straight down to him? I'm only asking because that was his problem with just getting uk citizanship, his british mum was not born in the uk so she couldn't pass it to a third gen.

He is no longer a child, i should have mentioned that.

There are many factors that play a role. First of all, the date on which the adoption took place. The Dutch law has been changed from time to time, and you need the version that was in force at the time of the adoption. Your boyfriend should not yet have reached the age of 18 when he was adopted.
Furthermore, I suppose from your story that neither your boyfriend nor his adoptive father have ever applied for a Dutch passport or even an official confirmation of Dutch citizenship. This means that they could have lost their Dutch nationality (if they ever had it, with or without knowing it) automatically by now.
To find out, they should contact the nearest Dutch Embassy (South Africa, I presume). In such cases the burden of proof is mainly with the applicant, so first gather as much documentary evidence as possible.

Well his father has had advice from the embassy that he is currently still entitled. He as his official decision on tuesday. My bf was adopted when he was 7.

Obviously we have to just wait and see but fingers crossed!

Well, that obviously removes a few hurdles already. Good luck with the rest of the procedure!
By the way, if it turns out that your bf indeed acquired Dutch citizenship through this adoption at the age of 7, an additional consequence would be that he has never been illegal in the UK!