State ordered for the first time to pay damages to illegally adopted person

On 24 November 2021, the District Court of The Hague substantially awarded the claim of the illegally adopted Patrick Noordoven against the State of the Netherlands. The judgment of the court can be found here.

Patrick Noordoven was illegally adopted from Brazil in 1980. His parentage was thereby misrepresented, by giving him up as the biological child of the Dutch couple who adopted him illegally. Shortly after his illegal adoption, the police conducted an investigation and concluded that Patrick Noordoven and 41 other children had been adopted illegally from Brazil to the Netherlands. Nevertheless, after the investigation, the State did not take measures to enable Patrick Noordoven to know his parentage and the circumstances of his illegal adoption. The Court concluded that by doing so, the State acted in violation of Patrick Noordoven's right to identity and knowledge of his parentage.

As a result, Patrick Noordoven had to devote 20 years of his life to finding his biological parents. In addition, he has conducted years of research to clarify how his illegal adoption took place and what role the Dutch state had played in it. The court therefore ruled that the State is liable for the damage that Patrick Noordoven has suffered as a result.

The court rejected the claim that the State is (also) liable for the fact that the illegal adoption of Patrick Noordoven was effected with the help of a Dutch diplomat or was facilitated by the Dutch Diplomatic representations in Brazil.

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