CONDITIONS REQUIRED FOR FULL ADOPTION
Articles 343 to 350 of the CIVIL CODE
Conditions concerning the adopter (s)
Adoption can be requested by two spouses who are not legally separated, married for more than two years or both over twenty-eight years of age. Adoption can also be requested by any person over the age of twenty-eight. If the adopter is married and not legally separated, the consent of his spouse is necessary unless this spouse is unable to express his or her will. This age condition provided for in the previous article is not required in the event of the adoption of the spouse’s child.
Adopters must be fifteen years older than the children they are proposing to adopt. If the latter are the children of their spouse, the required age difference is only ten years.
However, the court may, if there are good reasons, order the adoption when the age difference is less than those provided for in the previous paragraph.
Adoption by several people
No one can be adopted by more than one person except by two spouses.
However, a new adoption can be pronounced either after the death of the adopter, or of both adopters, or even after the death of one of the two adopters, if the request is presented by the new spouse of the surviving one of them.
Conditions concerning the child
Adoption is only permitted in favor of children under the age of fifteen who have been in the home of the adoptive parent (s) for at least six months.
However, if the child is over fifteen years old and was taken in before reaching that age by people who did not meet the legal conditions to adopt or if he was the subject of a simple adoption before d ‘having reached this age, full adoption may be requested, if the conditions are met, during the child’s minority and within two years following his majority.
If he is over thirteen years of age, the adoptee must personally consent to his full adoption.
Children who can be adopted
The following may be adopted:
1 ° Children for whom the father and mother or the family council have validly consented to the adoption;
2 ° The wards of the State;
3 ° Children declared abandoned under the conditions provided for in article 350.
Cases where full adoption is permitted
Full adoption of the spouse’s child is permitted:
1 ° When the child has legally established filiation only with regard to this spouse;
2 ° When the parent other than the spouse has had parental authority completely withdrawn;
3 ° When the parent other than the spouse is deceased and has not left any ascendants in the first degree or when they are manifestly disinterested in the child.
Consent to adoption
When the filiation of a child is established with regard to its father and mother, they must both consent to the adoption. If one of the two is dead or unable to express his will, if he has lost his rights of parental authority, the consent of the other is sufficient.
When a child’s parentage is established only with regard to one of its authors, the latter gives consent to the adoption.
When the father and mother of the child are deceased, unable to express their will or if they have lost their rights of parental authority, consent is given by the family council, after consulting the person who, in fact, takes care of the child. It is the same when the filiation of the child is not established.
Unless there is a relationship or alliance up to the sixth degree inclusive between the adopter and the adoptee, the consent to the adoption of children under two years of age is only valid if the child has actually been handed over to the child welfare service or to an agency authorized for adoption.
Form of consent
Consent to adoption is given before the chief clerk of the district court of the domicile or residence of the person who consents, or before a French or foreign notary , or before French diplomatic or consular agents. It can also be received by the child welfare service when the child has been handed over to it.
Withdrawal of consent
Consent to adoption can be withdrawn for two months. The withdrawal must be made by registered letter with acknowledgment of receipt sent to the person or service which received the consent to the adoption. Handing over the child to his parents on request, even verbal, is also proof of the withdrawal.
If at the end of the two-month period the consent has not been withdrawn, the parents can still request the return of the child provided that the child has not been placed for adoption. If the person who took it in refuses to return it, the parents can apply to the court which assesses, taking into account the interests of the child, whether it is necessary to order its return. Restitution renders consent to adoption null and void.
Choice of adopter
When the father and mother or the family council consent to the adoption of the child by handing it over to the child welfare service or to an organization authorized for adoption, the choice of the adopter is left to the guardian with the agreement of the family council of the wards of the State or the family council of the guardianship organized at the initiative of the body authorized for adoption.
Denial of consent
The court can pronounce the adoption if it considers abusive the refusal of consent opposed by the parents or by one of them only, when they are disinterested in the child at the risk of compromising the health or the moral.
It is the same in the event of abusive refusal of consent of the family council.
Consent for wards of the state
For wards of the State whose parents have not consented to the adoption, the consent is given by the family council of these wards.
Declaration of abandonment
The child taken in by an individual, an establishment or a social assistance service for children, whose parents have clearly shown no interest during the year preceding the submission of the request for a declaration of abandonment, is declared abandoned by the tribunal de grande instance without prejudice to the provisions of the fourth paragraph. The request for a declaration of abandonment must be sent by the individual, the establishment or the child welfare service who took in the child at the end of the one-year period as soon as the parents manifestly lost interest in the child.
Parents who have not maintained the relationships necessary to maintain emotional ties are considered as having manifestly disinterested in their child.
The simple withdrawal of consent to the adoption, the request for news or the expressed but not implemented intention to take back the child is not a sufficient indication of interest to justify the rejection of an application as of right. request for declaration of abandonment. These steps do not interrupt the time limit set out in the first paragraph.
Abandonment shall not be declared if, during the period provided for in the first paragraph of this article, a member of the family has requested to take charge of the child and if this request is deemed to be in the interests of this child. latest.
When declaring the child abandoned, the court delegates by the same decision the rights of parental authority over the child to the child welfare service, to the establishment or to the individual who received the child. child or to whom the latter has been entrusted.
Third party opposition is only admissible in the event of fraud, fraud or error in the identity of the child.
EFFECTS OF PLENARY ADOPTION
Articles 355 to 359 of the Civil Code
The adoption takes effect from the day on which the adoption request is filed. Full adoption confers on the child a filiation which replaces his original filiation: the adoptee ceases to belong to his family by blood, subject to the prohibitions on marriage referred to in articles 161 to 164.
However, l The adoption of the spouse’s child leaves his original filiation with regard to this spouse and his family. It produces, for the rest, the effects of an adoption by two spouses.
Full adoption and name
Adoption gives the child the name of the adopter .
In the event of adoption by two spouses, the name conferred on the child is determined in accordance with the rules set out in article 311-21.
At the request of the adoptive parent (s), the court may change the child’s first names.
If the adopter is a married woman or a married man, the court may, in the adoption judgment, decide, at the request of the adopter, that the name of his spouse, subject to the consent of the latter, will be conferred on the child. The court may also, at the request of the adopter and subject to the consent of his spouse, give the child the names of the spouses in the order chosen by them and within the limit of one surname for each. of them.
If the husband or wife of the adopter is deceased or unable to express his or her will, the court makes a sovereign judgment after consulting the heirs of the deceased or his closest successors.
Les dispositions de l’article 311-21 sont applicables à l’enfant qui a fait l’objet d’une adoption régulièrement prononcée à l’étranger ayant en France les effets de l’adoption plénière.
Les adoptants exercent l’option qui leur est ouverte par cet article lors de la demande de transcription du jugement d’adoption, par déclaration adressée au procureur de la République du lieu où cette transcription doit être opérée.
Lorsque les adoptants sollicitent l’exequatur du jugement d’adoption étranger, ils joignent la déclaration d’option à leur demande. Mention de cette déclaration est portée dans la décision.
The name chosen is mentioned at the behest of the public prosecutor, in the birth certificate of the child.
RIGHTS OF THE CHILD IN THE FAMILY OF THE ADOPTER
The adoptee has, in the family of the adopter, the same rights and the same obligations as a child whose parentage is established in application of Title VII of this book.
IRREVOCABILITY OF THE OPTION
The adoption is irrevocable.