Right to knowledge of descent (adoption)

Questioner

I am adopted (within the Netherlands). I recently viewed my adoption file and the relinquishment file (via Fiom and the Child Protection Council) and received copies of them. My question is about the relinquishment file. I received that via FIOM, I already knew most things about my (biological) mother, but I was always told that my (biological) father was unknown. It now appears that this name and (then) address are included in that distance file. However, Fiom has 'blacked out' this information for reasons of privacy. Now I have no intention of contacting my (biological) father, and Fiom is aware of this! I would really like to know his name, age and (then) place of residence, purely to complete the picture of my ancestry for myself, and thus to complete my search for 'where I come from'. For the time being, Fiom refuses to provide me with this information, although they do want to start a search, but that costs money and I will then have to indicate that I also want contact with my father, and that is exactly what I do not really want. This does not mean that I will receive the information that Fiom shields in the file, which makes a search even less attractive to me. This concerns the right to privacy of a biological father, and the right of a child to know from whom he or she is descended. Which right actually weighs more heavily here in the eyes of the law? Again, I believe that I will not violate his right to privacy at all, because I indicate that I do not want to make contact or search, in addition to the fact that his data is already known, all of which are not provided to me... do I have the right on my side here? Of course, I have also looked for an answer in the meantime and then I come to 'the Valkenhorst ruling', in which the Supreme Court ruled that in a similar case the rights of the child come first. However, Fiom has informed me that this statement is outdated and no longer corresponds to current privacy laws, which is why I am stuck on it. Now I have another appointment with Fiom in January, in which I would like to ask them once again to provide me with the information about my biological father. Can you please let me know whether I am within my rights and how I can convince Fiom that they should provide me with that information so that I can close this matter? and what steps can I take if Fiom continues to refuse? I would like to hear from you

Lawyer

This is indeed a complex situation that concerns the intersection of several legal rights: on the one hand, your biological father's right to privacy and, on the other, your right to know your parentage. The General Data Protection Regulation (GDPR) stipulates that personal data such as name, date of birth and address may not be shared without permission or legal basis. This right protects the privacy of your biological father. However, according to case law and Dutch law, a child also has the right to know his or her descent. Weighing these rights against each other is always case-specific and a complex matter. It is important to note that the Supreme Court ruling in the Valkenhorst case predates the introduction of the GDPR. It is therefore possible that, although the ruling states that a child's right to know who they are descended from can prevail over the biological parent's right to privacy, this reasoning may be under pressure due to the stricter privacy legislation of the GDPR. During your conversation with Fiom you may be able to put forward the following arguments: - You have specific reasons for wanting to know who your biological father is: to complete your search and to complete your ancestry picture. - You have explicitly informed Fiom that you do not wish to contact your biological father and you also do not intend to give third parties access to this information. This reduces the risk of violation of his privacy. If Fiom refuses to provide the data, you may want to consider legal action. It would be advisable to hire a lawyer for this, given the complexity of this case. This is a general advisory comment and should not be construed as legal advice for your specific situation. Therefore, please contact a legal advisor to discuss your specific situation.' ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.