I want to adopt a child. What is the procedure?
In France, there are two main forms of adoption:
– Full adoption: 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: this allows the child to retain a legal link with their family of origin. It can be revoked for serious reasons and allows for the attribution of a double surname.
Adoption is possible whether you are a heterosexual or homosexual couple, married or single.
What are the requirements? To adopt, you must meet certain legal requirements:
– Be at least 26 years old, unless you are adopting your spouse’s child.
– Be at least 15 years older than the child (10 years if you are adopting your spouse’s child).
The child must also meet certain conditions: they may be a child whose parents or legal guardians have consented to the adoption, a ward of the state, or a child declared abandoned by a court ruling.
What are the steps in your adoption procedure?
● Adopting in France (domestic adoption)
If the child is not your spouse’s child, you must first apply for approval from the child welfare service (ASE) in your department. A social and psychological assessment will be carried out. On average, approval is obtained within nine months. If your application is refused, you can lodge an informal appeal, followed by a formal appeal.
Once approval has been granted, you will be placed on the list of adoption candidates. The ASE will match your family with a child. The child will then be placed in your home for at least 6 months before the legal adoption process can begin.
● Adopting abroad (international adoption)
If you adopt abroad, you will need to go through an Authorized Adoption Agency (OAA) or the French Adoption Agency (AFA). The procedure must comply with international conventions, in particular the 1993 Hague Convention, and the conditions imposed by the child’s country of origin.
Once the child has arrived in France with a visa, you will need to either request recognition or enforcement of the foreign decision, or 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.
Gaëtan ESCUDEY will assist you at every stage of your adoption project and ensure that the foreign adoption judgment is recognized in France.