Adoption, how does it work?

Adoption, how does it work?

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In France, there are two distinct legal forms that allow couples to host a child to start a family: full adoption and simple adoption. The explanations of Carole Pascarel, lawyer at the Paris Bar, specialist in family law (divorce, filiation, children, matrimonial regimes, inheritance).

General conditions of adoption

  • In France, in order to adopt a child, certain conditions are required. If the adopter is single, he is under 28 years old. When the adoption application comes from a married couple, it must have been for at least 2 years, unless both spouses are over 28 years old.
  • Regarding the child to be adopted, he must be under the age of 15 and have been accommodated at the adopter's home for at least 6 months at the time of adoption. If he is over 13, he must personally consent to the adoption.
  • The adoption procedure consists of 2 steps. The first is to obtain an approval, which will be issued after evaluation of the conditions of reception at the family, educational and psychological levels. For this, it is advisable to address the general Council of the department of the residence of the adopting parents (Social Assistance for the childhood). Then, when the approval is obtained, it is necessary to file an application in the High Court (TGI) to obtain the adoption judgment either plenary or simple.

Plenary adoption

  • As part of a full adoption, ties with the family of origin are broken. The adopted child acquires a new filiation that replaces the original one. A new birth certificate is established and the parental authority is exclusively and integrally transferred to the adoptive parents.
  • The initial family name of the adopted child will be replaced by that of the adoptive parent (s). Thus, when one of them is of French nationality, the adopted child automatically acquires that nationality.
  • As part of an adoption made by a single person, if he gets married later, his spouse may adopt the child. In this case, the condition of age (28 years) will not be required, nor the application for approval, nor the reception of the child for at least 6 months. On the other hand, the age difference between the child and the spouse must be at least 10 years (derogations are possible).

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