Adoption: how to apply for approval?

Verified 01 January 2023 - Directorate for Legal and Administrative Information (Prime Minister)

To adopt a child who is a ward of the Crown or given to an agency licensed for adoption or a child foreigner who is not the spouse, Civil partnership partner or common-law partner, you must obtain a license. It is issued by the your department's child welfare department (CSO). The approval makes it possible to ensure the reception conditions. It shall be granted for a period of 5 years. The decision to refuse authorization may be challenged.

Infographie - Steps of adoption
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Steps of the approval from the application to the obtaining and the adoption judgment with the investigation deadlines of the approval commission and the different cases (child ward or foreigner) and the appeals in case of refusal of the approval

Steps of adoption

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Steps of adoption - plus de détails dans le texte suivant l’infographie
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Steps of the approval from the application to the obtaining and the adoption judgment with the investigation deadlines of the approval commission and the different cases (child ward or foreigner) and the appeals in case of refusal of the approval

The application for approval ensures that the family, educational, social and psychological reception conditions correspond to the needs and interests of an adopted child.

You must obtain approval prior to adoption of a ward of the state, of a child given to a body authorized for adoption or of a child foreigner who is not the child of the spouse, Civil partnership partner or common-law partner.

Please note

the approval provides for a difference in age of not more than 50 years between the youngest of the adopters and the youngest of the children he proposes to adopt.

Licensing doesn't mean you're automatically granted adoption.

You must submit your application for authorization by simple mail to your department's child welfare department (CSO).

You must specify your family situation (as a couple or not, with or without children).

Who shall I contact

Applicant Information

In the 2 months following your request, you will receive a notice on the adoption procedure, including the following:

  • Psychological, educational, family, social and cultural dimensions of adoption
  • Administrative and judicial procedures
  • Principles for intercountry adoption
  • Number of adoptable children, their age and status

A standard questionnaire about your family and social situation is also provided.

Confirmation of the application and compilation of the file

After reading this information, you should confirm your request by registered letter with notification of receipt to ESA.

You can specify your wishes, in particular the number and age of the children you wish to welcome.

You must also provide the following:

  • Full copy of your birth certificate, and if you have children, a copy of your family booklet
  • Criminal record bulletin 3
  • Medical certificate of less than 3 months, issued by a registered doctor, certifying that your health and that of the persons residing in your household do not constitute a contraindication to the reception of children for adoption
  • Any document attesting to your resources
  • Completed submitted questionnaire
Who shall I contact

Your draft adoption is subject to a social and psychological assessment.

These evaluations give rise to meetings with the professionals concerned (social service assistant, psychologist, etc.).

While your case is being investigated, you can view documents which are included (assessments etc...) and make your observations known.

Approval shall be reviewed and issued within 9 months from the day of confirmation of your request.

The decision shall be taken by the ESA after consultation with the approval commission.

You are informed by post at least 15 days before that the commission be consulted.

You can ask be heard by the Commission by sending you a letter to the ESA.

Who shall I contact

Approval shall be granted for 5 years.

Every year, you must confirm to the ESA by registered letter with notice of receipt that you are maintaining your adoption project. You must contact a declaration of honor whether your marital status or family composition has changed.

Please note

in case of change of reception conditions (in particular marital status) or in the absence of a declaration on honor, the ESA may arrange for further investigations on reception conditions. Approval may be withdrawn.

Refusal of authorization as part of a adoption procedure must be motivated.

You can make a ex gratia appeal before bringing the matter before the judge.

This appeal must be made to the president of the departmental council. It must be done within a period of 2 months from notification of refusal.

Who shall I contact

However, the ex gratia remedy is not not required. You can to challenge a refusal of authorization directly in front of the administrative judge on the basis of appeal for abuse of power.

Who shall I contact

This remedy must then be exercised within 2 months that follow the refusal of approval.

FYI  

the rrefusal of approval has a validity of 30 months. After this period, you can file a new application for approval.

Who can help me?

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