An alternative to motherhood, adoption is a legal procedure that allows a couple to become parents by welcoming a child with whom they are not biologically related. In France, this act is a right enshrined in the Civil Code in order to guarantee adopted children the benefit of a healthy environment, preserving their physical and mental well-being, when they cannot be raised within their biological family.
What are the conditions for adopting a child?
Adoption: a commitment to the future mother or father
Adopting a child is a complex act that requires the adopter in the process of becoming a legal parent to reflect on the consequences of this process, which is not a decision to be taken lightly. Creating a bond of filiation between the adopter and the adoptee, at birth or during the first years of his life, requires the future parent to obtain the consent of his spouse or life partner. Indeed, couples wishing to adopt a child must meet several conditions established by the competent authority in charge of this parental request: psychological assessments, study of the financial stability of the adopting household, verification of the family background and its abilities to welcome a child, etc.
Adoption of a minor: the details of this parental request
In France, the law authorizes anyone, whether single, civil partnership, married, or cohabiting, to adopt a minor or adult child, on French soil or abroad. There are two types of adoption: conventional adoption and full adoption. Their difference lies in the fact that simple adoption allows the child to maintain ties with his biological family while full adoption breaks them.
For a single person
A single person who begins this process must first obtain an application for approval, before welcoming the child for a period of at least 6 months. Then, the future adopter can go to court by sending a handwritten written request or via the Cerfa form n°15742 to the attention of the Public Prosecutor in order to validate the definitive adoption of the child. The final adoption decision, contestable within 15 days, is communicated by the clerk. The last step consists of the transcription on the civil status certificates. Please note that the request must be sent by registered letter with acknowledgment of receipt. Moreover, in the context of the adoption of a minor child integrated into the household of an adoptive parent before the age of 15, it is not necessary to call on the skills of a lawyer. Otherwise, it is a mandatory remedy.
For a couple
In the context of a couple wishing to become the parents of a child in an adoption situation, whether simple or full, the steps are as follows:
- Obtaining approval prior to adoption (except for minor children with a family relationship up to the 6th degree).
- Submission of the application for adoption to the ASE, with registration of the adopting family on a list.
- Sending of the request by registered letter with AR to the public prosecutor, by post or using the dedicated form.
- After validation, the decision is transcribed in the civil status registers.
In the two cases mentioned above, parents wishing to create a bond of filiation with a child to be adopted can benefit from legal aid in the event of insufficient financial resources.
Is it possible to object to the adoption procedure?
A rewarding life experience for parents who cannot access motherhood, adoption is a legal procedure that offers a loving and stable home to a child who has not had the chance to grow up in a supportive family.
However, an adoption can be annulled according to article 370 of the Civil Code; this leads to a dismissal procedure supervised by a lawyer and pronounced by the Tribunal de Grande Instance. Opposing the adoption procedure requires the confirmation of serious facts within the home, such as problems of consent, mistreatment on the part of the adopter or problems with custody of the child.
Only the competent authorities can oppose the adoption procedure. It should also be noted that a member of the adopter’s family of origin or the adopter himself can request the revocation of the simple adoption.
