Adoption of a minor by a couple

Adoption can be requested by the following couples:

• Married couple not separated from body
• Partners bound by a civil pact of solidarity (Civil partnerships)
• Concubines.

Adoption between grandparents and grandchildren and between siblings is in principle forbidden, unless there are serious grounds.

Age

Adopters must have every 2 at least 26 years, unless they have lived together for more than 1 year. In this case the adopters must prove the duration of the community of life.

Age difference between adopters and adoptees

Adopters must have 15 more years than the adopted one.

The court can still order adoption if the age difference is less than 15 years for the right reasons, for example in the case of sibling adoption.

A minor is adoptable if any of the following occurs:

• Minor whose parents or family council have agreed to adoption
• Declared minor neglected by judgment of the court
• Minor foreigner according to applicable legislation

• Minor whose full adoption is not possible (for example, in the case of the adoption of a minor foreigner when the full adoption does not exist in the country of origin)
• Pupil of the state.

Minors over 13 years of age must give its agreement before a notary.

If it is unable to consent, the court must seek the opinion of a ad hoc administrator.

He can withdraw consent until the adoption is pronounced.

Adopters must obtain prior approval if they wish to adopt a ward or child foreigner.

Once approved, adopters are automatically entered on a departmental list which allows them to be chosen as adopters by the guardian (prefect) with the agreement of the family council of the wards of the State.

The minor is entrusted to the adopters by the authority in charge (Social Welfare for Children - ESA...).

The minor must be entrusted at least 6 months before bringing the application for adoption before the court.

During the placement period, adoptive parents may complete the usual acts of parental authority.

The adopting couple addresses their request on free paper or using the form cerfa n°15740 to the public prosecutor.

Motion for simple adoption of a child by spouses, partners or cohabiting partners

The application must be filed or sent by registered letter with acknowledgement of receipt to the court of the domicile of the adopters, accompanied by the supporting documents.

The use of a lawyer is not compulsory if the adoptive parent has taken the minor into his or her home before he turned 15.

The use of a lawyer is, however obligatory if the adopted person has been received after 15 years.

If adopters are under-resourced, they can apply for legal aid.

Once the decision has been rendered, the clerk will notify to the adopting couple.

They can challenge the decision before the court of appeal in a 15-day period.

Marital status

The decision pronouncing simple adoption shall be mentioned in the margin of the adopted person's birth certificate. This entry shall be made at the request of the public prosecutor within 15 days of the date on which it passed by force of res judicata.

Where the adopted person was born abroad, the decision shall be entered in the registers of the Central Civil Registry Office of the Ministry of Foreign Affairs.

Adoption is also mentioned on the family record book.

Link to the original family

The adopted preserves all his ties to his family of origin.

Parental authority

The adopters shall exercise together parental authority.

Maintenance obligation

The adoption created between the adopted person and the adopters maintenance obligation reciprocal. If the adoptee is in need, the adopters must provide financial assistance, according to their resources. Similarly, the adoptee must provide financial assistance to the adopters if they are in need.

The adoptee's parents of origin should not in principle provide financial assistance. They are only required to provide financial assistance if the adoptee proves that he or she cannot obtain assistance from his or her adoptive parents.

Name and surname of the adopted person

The name(s) of the adopters shall be added to the adopted person's name or replace it. The adopted, if he's over 13, must give its consent.

Adopters choose the name of one of them who in addition to adopted person's name .

In case of disagreement between the adopters on the choice of name, the name of the adopted is formed as follows: name of the adopted +first name of the adopters alphabetically.

For example, Sofian BALDUIN, child adopted by a couple APRIL and DIALLO his name will be Sofian BALDUIN APRIL

Adopters can also replace the name of the adopted person. They may choose the name of one or both of their names in the order chosen by them, up to a limit of one name for each of them.

Adopters may apply to the court for a name change of the adopted. If the minor is over 13 years of ageThen he has to agree.

Prohibition on marriage

Marriage is forbidden between the adopters, the adoptee and his children.

It is also forbidden to marry with other members of the adoptive family and the biological family (in particular between the adoptee and the adoptive children).

Nationality

A child who has been adopted simply does not get automatically french nationality if it is adopted by a Frenchman.

He can become French up to its majority by statement.

TO its majority, he can ask for his naturalization.

Succession

The adopted inherits the 2 families (home and adoptive parents).

However, he's not heir in title to her adoptive grandparents. They can disinherit it.

Revocation of the adoption (i.e. annulment) can only be requested if there are serious grounds (violence, delinquency).

Only the public prosecutor's office may request revocation adoption, where the adopted person is a minor.

When the adopted becomes a major, the adoption may be revoked at his request or at the request of the adopters.