SIMPLE ADOPTION
LexInter | September 17, 2018 | 0 Comments

SIMPLE ADOPTION

REQUIRED CONDITIONS

Simple adoption is permitted regardless of the age of the adoptee.
If it is justified on serious grounds, the simple adoption of a child who has been the subject of a full adoption is permitted.
If the adoptee is over thirteen years of age, he must personally consent to the adoption.

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 is not required in the event of the adoption of a 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

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.


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 the parentage of a child 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. 


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.
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.

   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. 


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. 


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.
The same applies in the event of an abusive refusal of consent by the family council.


For wards of the State whose parents have not consented to the adoption, the consent is given by the family council of these wards. 


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. 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 that person. 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.

ADOPTION JUDGMENT

The adoption is pronounced at the request of the adopter by the tribunal de grande instance which verifies within six months from the referral to the court whether the conditions of the law are met and whether the adoption is in the best interests of the child.
In the event that the adopter has descendants, the court further verifies whether the adoption is not likely to compromise family life.
If the adopter dies, after having duly taken in the child for adoption, the petition may be presented on his behalf by the surviving spouse or one of the heirs of the adopter.
If the child dies after having been duly taken in with a view to adoption, the petition may however be presented. The judgment takes effect the day preceding the death and entails only a modification of the civil status of the child.
The judgment pronouncing the adoption is not motivated.


In the case of the adoption of a ward of the State, of a child handed over to a body authorized for adoption or of a foreign child who is not the child of the spouse of the adopter, the court verifies before pronouncing the adoption that the applicant (s) have obtained approval to adopt or were exempt from it.
If the approval has been refused or if it has not been issued within the legal time limit, the court may grant the adoption if it considers that the applicants are suitable to receive the child and that the adoption is in conformity. in his interest.

EFFECTS OF ADOPTION


The adoption takes effect from the day on which the adoption request is filed.
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 adoptive parent’s husband or wife 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.

Name of adoptee


Simple adoption confers the name of the adopter on the adoptee by adding it to the latter’s name.
When the adoptee and the adopter, or one of them, have a double surname, the name conferred on the adoptee results from the addition of the name of the adopter to his own name, in the limit of one name for each of them. The choice is up to the adopter, who must obtain the consent of the adoptee over thirteen years of age. In the event of disagreement or in the absence of a choice, the name conferred on the adopted child results from the addition of the first name of the adopter to the first name of the adopted child.
In the event of adoption by two spouses, the name added to the name of the adopted child is, at the request of the adopters, either that of the husband or that of the wife, within the limit of one name for each of them and , in the absence of agreement between them, the first name of the husband. If the adoptee has a double surname, the choice of which name to keep is up to the adopters, who must obtain the consent of the adoptee over thirteen years of age. In the event of disagreement or in the absence of a choice, the name of the adopters selected is added to the first name of the adoptee.
The court may, however, at the request of the adopter, decide that the adoptee will bear only the name of the adopter. In the event of adoption by two spouses, the surname substituted for that of the adopted child may, at the choice of the adopters, be either that of the husband or that of the wife, or the names of the spouses in the order chosen. by them and within the limit of one name for each of them. This request can also be made after the adoption. If the adoptee is over thirteen years of age, his or her personal consent to this substitution of the surname is required.


These provisions are applicable to the child having been the subject of an adoption duly pronounced abroad having in France the effects of a simple adoption, when the birth certificate of the adopted child is kept by a French authority. .
Adopters exercise the option open to them by this article by declaration addressed to the public prosecutor of the place where the birth certificate is kept on the occasion of the request to update it.
The mention of the chosen name is brought to the attention of the public prosecutor in the birth certificate of the child.

Rights in the adoptee’s family of origin


The adoptee remains in his family of origin and retains all his rights there, in particular his hereditary rights.
The prohibitions on marriage provided for in articles 161 to 164 of this code apply between the adoptee and his family of origin.


Parental authority

 The adopter alone is vested with all the rights of parental authority with regard to the adoptee, including that of consenting to the marriage of the adopted child, unless he is the spouse of the father or mother of the adopted child. the adopted; in this case, the adopter has parental authority concurrently with his spouse, who alone retains it, subject to a joint declaration with the adopter before the chief clerk of the tribunal de grande instance for the purposes of a joint exercise of this authority.
The rights of parental authority are exercised by the adoptive parent (s) under the conditions provided for in Chapter I of Title IX of this book.
The rules of

Family relationship resulting from adoption


The family relationship resulting from the adoption extends to the children of the adopted child.
Marriage is prohibited:
1 ° Between the adopter, the adoptee and his descendants;
2 ° Between the adoptee and the spouse of the adopter; reciprocally between the adopter and the spouse of the adopted child;
3 ° Between the adopted children of the same individual;
4 ° Between the adopted child and the children of the adopter.
Nevertheless, the prohibitions on marriage brought to 3º and 4º above may be lifted by dispensation from the President of the Republic, if there are serious causes.

Food

   The adoptee owes support to the adopter if he or she is in need and, reciprocally, the adopter owes the adoptee support. The father and mother of the adoptee are only required to provide him with maintenance if he cannot obtain it from the adopter. The obligation to provide support to his father and mother ceases for the adoptee once he has been admitted as a ward of the State or taken in charge within the time limits prescribed in article L. 132-6. of the code of social action and families.

Inheritance tax

   The adoptee and his descendants have, in the family of the adopter, the inheritance rights provided for in Chapter III of Title I of Book III.
The adoptee and his descendants, however, do not have the status of reserved heir with regard to the ascendants of the adopter.

Succession of the adoptee

In the succession of the adoptee, in the absence of descendants and a surviving spouse, the property given by the adopter or collected in his succession reverts to the adopter or his descendants, if they still exist in nature upon the death of the adopted child, subject to contributing to the debts and subject to rights acquired by third parties. The goods which the adoptee had received free of charge from his father and mother also return to the latter or to their descendants.
The surplus of the adoptee’s property is divided by half between the family of origin and the family of the adopter.

Subsequent establishment of a parentage link


The adoption retains all its effects, notwithstanding the subsequent establishment of a parentage link.

Revocation of adoption

If it is justified on serious grounds, the adoption may be revoked, at the request of the adopter or adoptee, or, when the latter is a minor, at that of the public prosecutor.
The revocation request made by the adopter is only admissible if the adopted child is over fifteen years of age.
When the adoptee is a minor, the father and mother by blood or, failing them, a member of the family of origin up to the degree of first cousin included, may also request revocation.

The judgment revoking the adoption must be motivated.
Its device is mentioned in the margin of the birth certificate or the transcription of the adoption judgment, under the conditions provided for in article 362.


The revocation ceases for the future all effects of the adoption.


Simple adoption and nationality

TRANSCRIPT OF JUDGMENT 

Within fifteen days of the date on which it becomes final, the decision pronouncing the simple adoption is mentioned or transcribed in the civil status registers at the request of the public prosecutor.

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