Exercise of parental authority

Verified 22 February 2022 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

Parental authority corresponds to all the rights and duties that parents have vis-à-vis their minor child. These rights and duties are reflected in different ways: care for the child, his health, his education, his heritage,... Depending on the case, parental authority may be exercised jointly by the two parents or by a single parent.

Examples of the duties of parents vis-à-vis their children include:

  • Duty protection and maintenance
    The parents must take care of his safety and contribute to his material and moral maintenance, that is to say, to feed him, to shelter him, to make medical decisions, to monitor his relations and his movements... Each parent must contribute to the child's maintenance according to his or her resources and those of the other parent. And according to the needs of the child.
  • Duty of education
    Parents must ensure his intellectual, professional, civic education... Parents who do not insure compulsory education of their child are subject to sanctions (e.g. fines).
  • Duty asset management
    Parents must administer the child's property and may use, but not sell, it.

The exercise of parental authority depends on the marital status of the parents (married, divorced, former, common-law) and on whether or not the child is recognized by the father.

The exercise of parental authority may be modified in the event of the death or incapacity of one of the parents.

Marriage

The 2 parents exercise in common their rights and duties towards their children.

Assuming that the 2 parents are same sex (2 mothers or 2 fathers), parental authority is exercised as follows:

2 mothers

If the parents are 2 women and they have called on the Assisted Human Reproduction (MAP), the wife of the biological mother does not have parental authority.

In order to get it, she has to apply for plenary adoption to the family court judge to adopt his wife's child.

Since August 4, 2021, if the 2 women use the MPA with a gamete donation, they must make a early joint recognition before a notary before the child is conceived. Thus, the wife of the biological mother will obtain parental authority if it confirms the act of mutual recognition.

Since 21 February 2022, adoption of the child born abroad by PMA by a female couple is possible by the woman who has not given birth, in case of separation of the couple and refusal of the woman who has given birth to use the joint recognition.

If the two mothers only use adoption (and there are no biological parents in the couple), they will have to adopt the child in full to obtain parental authority.

2 fathers

If the parents are 2 men and the child was conceived by surrogacy abroad (which is not possible in France), the husband of the biological father does not have parental authority.

To obtain it, the situation differs depending on whether the surrogate mother appears on the child's foreigners birth certificate or not.

  • If it is included, only the biological father has parental authority. The biological father's husband can adopt the child in a simple way. He or she may obtain parental authority only by a joint declaration before the Registrar of the Court of Justice of the child's place of residence.
  • If it is not included, the spouse of the biological father, in order to obtain parental authority, must apply for plenary adoption before the family court judge.

If the 2 fathers only use adoption (and there are no biological parents in the couple), they will have to adopt the child in full to obtain parental authority.

Civil partnerships or common-law partnership

The mother benefits automatically the exercise of parental authority once his name appears on the birth certificate of his child, since the maternal link is established.

The father has rights with respect to the child only if he has it recognized.

In this case, 2 cases are possible:

  • If he recognized the child before the age of one, he shall exercise parental authority jointly with the mother.
  • If he recognized the child after the age of one year, the mother alone shall exercise parental authority.
    However, after the recognition of the child, the father may also be assigned the exercise of parental authority under certain conditions.
Separation / divorce

Parental authority remains a obligation for parents even if they no longer live together (divorce, termination of cohabitation, dissolution of Civil partnerships).

However, the father has rights and duties towards the child only if he was married to the mother or if he has recognized. In the latter case, 2 hypotheses are possible:

  • If he recognized the child before the age of one, he shall exercise parental authority jointly with the mother.
  • If he recognized the child after the age of one year, the mother alone shall exercise parental authority.
    However, after the recognition of the child, the father may also be assigned the exercise of parental authority under certain conditions.

If the interests of the child so require (in order to protect the child, in the event of physical or psychological violence, in the event of neglect, etc.), the Family Court (Jaf) may entrust the exercise of parental authority to a single parent.

In that case, it shall lay down the conditions for the exercise of rights of access and accommodation.

This right cannot be denied unless there are serious grounds (endangering the life of the child by one of the parents).

Death And Disability

Only one parent exercises parental authority if the other parent is:

Usual acts

In the case of joint exercise of parental authority, a single parent may, in particular, without the consent of the other parent, the following acts:

  • Issuing a passport for the child
  • Registration of the child on his passport
  • Request for derogation from the school card
  • Leave to attend school
  • Re-enrollment in school

In the event of disagreement between the parents on a decision to be taken in the best interests of the child, one of them may contact Jaf.

The application must be filed in the court of the child's domicile.

Who shall I contact

Please note

urgent surgery requires permission from both parents.

Unusual acts

Other unusual, that is, unusual, actions require the agreement of the two parents. These are acts that break with the past or commit the child's future and acts that affect his or her fundamental rights. Examples:

  • 1st enrollment of the child in a public or private school 
  • Registration of the child in a private institution while he or she was previously in a public institution
  • Religious choices (baptism, circumcision,...)

Acts modifying the assets of the child

When an act alters the child's property, authorization is required systematic the Judge of Litigation and Protection (former guardianship judge). This is the case, in particular:

  • Sale or business of a house, land or complex of real estate
  • Minor-owned commercial property
  • Conclusion of a loan in his name
  • Waiver of a right (e.g. succession)

The application for leave from the judge, called request, is done with the cerfa form n°15731.

Application to the guardianship judge for authorization of an act in the framework of a legal administration

If the two parents exercise parental authority and one of them disagrees with the other, he can apply to the judge using the form cerfa n°15733.

Application to the guardianship judge in case of disagreement on an act in the framework of a legal administration

If you want to report abuse or have an act checked, whether you are a parent or a professional (banker or notary, for example), you must use the cerfa form n°15732.

Application to the guardianship judge for supervision in the context of a legal administration

Certain acts are prohibited. The legal administrator (i.e. the person exercising parental authority, guardian, guardian, etc.) cannot, even with the authorization of the guardianship judge, perform certain acts. In particular:

  • Removing property or property rights from the minor's property free of charge
  • Acquire a right or a claim another person against the minor (example: the legal administrator cannot have an acknowledgement of debt, which would have been given by the child, given to a third party)
  • Carrying out an activity (business or professional) on behalf of the minor
  • Transferring property or rights of the minor to another person

Parental authority shall cease in any of the following cases:

FYI  

in some cases, parental authority may be delegated to a third party, by decision of the judge until the child is 18 years old or until the child reaches the age of majority.

Who can help me?

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