Hooray, someone's having a birthday?!

There is often a romantic image of adoption, where children are rescued from difficult circumstances and have a great future ahead of them. Unfortunately, the reality is not always so rosy. Adopted children are often confronted with countless questions and uncertainties.

Take the story of Sam van der Haak, for example. Her adoption file lacked signatures that officially confirmed the adoption, which made her doubt the validity of her adoption. Later in life, Sam discovered that her adoption had been fraudulent. In addition, it turned out that the day on which Sam was always sung to for her birthday was not the correct one. This applies not only to Sam, but to many adopted children. These children are confronted almost daily with the fact that they have to fill in an incorrect date of birth somewhere, for example every time they place an online order. As mentioned, this confrontation can bring about a stream of unpleasant uncertainties and questions. In order to prevent these kinds of confrontations, they could have their date of birth changed. Changing a date of birth in the Netherlands may seem simple at first glance, but in reality it turns out to be a complex procedure.

Legal framework

In the case of incorrect data in the birth certificate, adopted children have the possibility to request a correction. In the case of obvious spelling or clerical errors, the registrar can correct these without the intervention of the court. In cases where the error is less obvious, the registrar must obtain permission from the Public Prosecutor's Office for the correction. If the registrar refuses to change the certificate, the request must be submitted to the court.

In situations where there is more to it than just obvious mistakes, adopted children can file a request to change their date of birth. This request must be filed with the court and requires the intervention of a lawyer. A lawyer can advise on the possibilities of changing the birth certificate. The person filing the request must demonstrate and prove that the date of birth stated on the birth certificate is incorrect and also provide proof of the correct date of birth. This proof must meet strict requirements.

Personal Records Database (BRP)

All personal data of Dutch residents are recorded in the Personal Records Database (BRP). Changing the date of birth in the BRP is subject to strict requirements, because it is important that the information in the BRP is reliable. The municipal authority is responsible for managing the BRP and must ensure the reliability, credibility, accuracy and integrity of the data stated. It is therefore essential to conduct thorough research before submitting a request to change the date of birth. In order to be able to change a date of birth, it must be demonstrated that:

• The old data is incorrect;
• The new data is correct;
• The new data and the old data relate to the same person.

In practice, this often proves difficult to prove, especially in intercountry adoptions, where the foreign birth certificate is the most important document to confirm the birth data of the adoptee. However, even birth certificates with the correct legalisation stamps can contain incorrect information, which can lead to errors in Dutch registrations. It is up to the adoptee to demonstrate that this information is incorrect, possibly by showing the correct birth certificate and other documents or testimonies, such as bone scans, school certificates, medical certificates or witness statements.

In cases where no birth certificate from the country of origin is available, article 2.17 of the BRP Act offers an alternative route. In this case, the registrar can request the Minister of Justice and Security for a statement concerning the child's date of birth, which can serve as a source document for the BRP and can supplement the date of birth with a day and a month.

The process of changing birth dates in the BRP must be followed carefully, taking into account the specific circumstances of each case. It is of great importance that adopted children and their families are aware of the legal requirements and procedures to ensure that their personal data is registered correctly in the Netherlands.

Who bears the costs?

This process can not only be complicated and time-consuming, it can also involve high costs. These costs are borne by the adopted children who incur these costs due to the consequences of the fraud in their adoption. Personal injury lawyer Mark de Hek calls it a topsy-turvy world that these adopted children have to pay the costs themselves in the event that they want to change their date of birth. In July 2023, proceedings were initiated against the Dutch State on behalf of eight people who were adopted from Sri Lanka under fraudulent circumstances in the 1980s and 1990s. With this case, they want to achieve, among other things, that the government compensates the damage. It is hoped that these important corrections can be implemented and that the adopted children, whose adoption was fraudulent, do not have to pay these costs themselves. These children should no longer have to be confronted on a daily basis with the uncertainties and questions that can accompany adoption.