In France, you can consider two main forms of adoption:
- Full adoption (adoption plénière): this permanently severs the child’s ties with their family of origin. Once granted, it is irrevocable. The child becomes a full member of your family, and a new birth certificate is issued.
- Simple adoption (adoption simple): this allows the child to retain a legal link with their family of origin. It can be revoked for serious reasons and allows a double surname to be given.
Adoption is possible whether you are married, in a civil partnership (pacsé), cohabiting or single, in a same-sex or different-sex couple.
What are the requirements? To adopt, you must meet certain legal requirements:
- Be over 26 years old and, if you are adopting as a couple, show that you have lived together for at least one year, unless you are adopting the child of your spouse, partner or cohabitant;
- Be at least 15 years older than the child (10 years if you are adopting the child of your spouse, partner or cohabitant).
The child must also meet certain conditions: they may be a child whose parents or legal representatives have consented to the adoption, a ward of the State (pupille de l’État), or a child declared abandoned (délaissé) by a court ruling.
What are the steps in your adoption procedure?
Detailed answer
Adopting in France (domestic adoption)
If the child is not your spouse’s child, you must first apply for approval (agrément) from the child welfare service (aide sociale à l’enfance, ASE) of your département. A social and psychological assessment will be carried out. On average, approval is obtained within 9 months. If your application is refused, you can lodge an administrative appeal (recours gracieux), followed by a court appeal (recours contentieux).
Once approval has been granted, you will be registered on the list of adoption candidates. The ASE will match your family plan with the child. The child will then be placed in your home for at least 6 months before the judicial adoption procedure can begin.
Adopting abroad (international adoption)
If you adopt abroad, you will need to go through an authorized adoption body (Organisme Autorisé pour l’Adoption, OAA) or the French Adoption Agency (Agence Française de l’Adoption, AFA). The procedure must comply with international conventions, in particular the 1993 Hague Convention, and with the conditions imposed by the child’s country of origin.
Once the child has arrived in France with a visa, you will need either to request recognition or enforcement (exequatur) of the foreign decision, or to apply for an adoption judgment in France. The judge will rule on the adoption if all legal conditions are met.
Once established, the adoption then produces its legal effects: parentage, name, parental authority, inheritance rights.
I support you at every stage of your adoption project and I make sure that the foreign adoption judgment is recognized in France.
This general information does not replace a consultation: each situation requires individual assessment.
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