Zwolle-Lelystad, 11 June 2010 – On Tuesday 15 June 2010 the three-judge family division of the District Court of Zwolle-Lelystad will hear the case of an Indian couple who have filed a request for a DNA test. By means of the DNA test they want to establish that a boy adopted by a Dutch couple is their biological son. In addition to this, the couple want information about the boy and contact with him. The court has appointed a special curator to look after the boy’s interests.
The request has been filed by an Indian couple whose son, who was not even 2 years old at the time, was stolen in 1999.
There are reasons to suspect that he was stolen by a gang, then taken to an orphanage and, with false documents, given up for adoption to Dutch parents. The adoptive parents adopted their son in good faith and they have been taking care of the now 12-year-old boy for many years now. A criminal investigation has been conducted into the organisation that allegedly committed the above practices.
Interim injunction proceedings
On 29 April 2010 interim injunction proceedings in this case were before the court. Interim injunctions are sought in cases of urgency; the decision on whether to grant an interim injunction or not has to be taken within 14 days in any event.
The judge hearing interim injunction proceedings (voorzieningenrechter or kort gedingrechter) aims to issue a provisional measure.
The judge hearing the application for an interim injunction considered that it is possible that the Indian couple are the boy’s biological parents, but that the case is too complicated to establish the boy’s interests within the scope of interim injunction proceedings. Therefore the judge decided that a request for a DNA test should not be heard in interim injunction proceedings. For the above reason the case will be heard in proceedings on the merits of the case (bodemprocedure). In these proceedings there will be more time to reach a decision.
Proceedings on the merits of the case
The hearing on Tuesday 15 June 2010 will be behind closed doors. This is common in family law cases. In addition to the lawyers of the Indian couple and the adoptive father and mother, the special curator will be present, as well as a representative of the Child Care and Protection Board. Therefore the court cannot give any information about what will be discussed at the court hearing.
You will be informed by the court if there is any further information about this case.
Bron: Rechtbank Zwolle-Lelystad
Datum actualiteit: 11 juni 2010