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Conditions to simple adoption
Simple adoption consequences
Conditions to full adoption
Full adoption consequences
PacisLexis Family Law
Adoption lawyer
In France, there are 2 types of adoption.
In the UK, there are 4 main types of adoption: fostering to adopt, adoption of a child from foster care, non-agency adoption and overseas adoption.
In the US, there are 5 types of adoption: adopting through the Child Welfare system (foster care), private adoption, international adoption, relative adoption and adult adoption.
Plenary adoption or full adoption in France: The adopted child becomes a full legal member of the adoptive family and receives the same legal rights and status as a birth child.
Simple adoption: simple adoption allows the adopted child to maintain some legal bounds with their birth family.
adoption lawyer
Conditions to simple adoption
In France, can every couple adopt?
No!
Simple adoption is open to married couples, whether of the same sex or opposite sex, who have been together for more than two years or are both over 28 years old.
Simple adoption is not open to couples in civil partnerships (French PACS) or cohabiting couples.
Can a single parent adopt in France?
Yes!
Simple adoption is open to a single parent if you are over 28 years old.
What is the maximum age to adopt in France?
French law does not set any restriction for adoption, but family organisations and adoption agencies generally do not place babies with parents over the age of 40 or 45.
Can adults be adopted in France?
Yes!
There is no age restriction.
Does the adopted child have to agree to their simple adoption?
Consent is required if the adopted child is over 13 years old.
The agreement is signed away at a Notarial office.
Can a full adoption become a simple adoption?
Yes!
In some very serious situations, a child adopted through plenary adoption may be eligible for simple adoption (Article 360, paragraph 2 of the Civil Code).
For example: The first adoptive parent is unable to care for the child.
Can you adopt if you are blood relatives?
No!
It’s not possible to adopt if you are blood relatives.
Example: if you want to adopt your nephew you will be his father and his uncle at the same time.
What are the steps to a simple adoption?
A simple adoption is easier than a full adoption:
- The child is eligible for adoption and the adoptive parents meet all the criteria.
- A judgement is issued and the process is over.
Who consent to the adoption?
The adoptive parent(s) must send their request to the family law judge.
After a simple adoption, is the adoptee birth certificate amended?
After a child is adopted a new amened birth certificate is issued with birth parents’ names and the adoptive parents’ names.
adoption lawyer
Simple adoption consequences
Does the adoptee surname change?
No!
In simple adoption, the adoptee surname will include the birth parents’ names and the adoptive parents’ names.
For an adult, the surname will change only if they want to.
Can the adoptee marry a member of their birth family?
No!
A simple adoption does not remove bounds with the birth family.
Who pays for the adoptee’s care?
The adoptive parent is paying for the adoptee’s care.
In case of a child has been adopted by the spouse of their birth parent, the adoptive spouse pays for the child’s care.
Who gets parental responsibility for a simple adoption?
The adoptive parents acquire parental responsibility.
In case of a child has been adopted by the spouse of their birth parent (step-child), 3 people acquire parental responsibility: the adoptee’s birth parents and the adoptive parent (step father/step mother).
Can the adoptee inherit from their birth parents?
Yes!
The adoptee inherits from their birth parents whatever the date of the death of this person is.
How long does it take to adopt in case of a simple adoption?
On average, a simple adoption may take several months to a year or more to be completed, but this is a rough estimate.
The timeline can be influenced by factors such as the adoption agency or lawyer, the child’s age and background, the consent of the parties involved, and the workload of the relevant authorities.
adoption lawyer
Simple adoption consequences: …Next
Does an adoptee inherit from the adoptive parent?
Yes!
A simple adoption gives legal rights between the adoptee and the adoptive parent.
Does an adoptee inherit from the adoptive parent’s parents?
No !
Can a simple adoption be revoked?
Yes!
Simple adoption can be revoked by judgment for serious grounds upon the adoptive parent or the adoptee’s request.
Example: adoptive parent’s abuse, adoptee’s bad behaviour….
Is the cancellation of simple adoption retroactive?
No!
Legal rights will stay in place until the judgement.
For adoption process, we strongly advise you to appoint a family law lawyer. Depending on your personal circumstances we will establish all paperwork requested by the family law judge to increase your chance of success.
adoption lawyer
Conditions to full adoption
In France, is every child eligible to full adoption?
No!
A child is eligible to full adoption under the following four situations:
- When the child’s birth parents have given their consent to the adoption, with the option to withdraw it within a two-month period (as per Article 347 of the Civil Code).
- When the child is under Government’s care (e.g., found at birth, orphan, etc.) (as per Article 347 of the Civil Code).
- When the legal authority declares the child as abandoned, and the parents have not maintained any contact with the child for a full year (as per Article 347 of the Civil Code).
- In case of a step-child, the other birth parent either has not recognized the child and has lost their parental responsibility, or died without leaving any other legal parents (as per Article 345-1 of the Civil Code).
What is the oldest age to be adopted?
A child’s full adoption is allowed up to their 15 years old.
A child’s full adoption is also allowed up to their 18 years old when:
- A simple adoption has already been set.
- A child is in foster care before he turns 15 years old.
In France, can every couple adopt?
No!
Simple adoption is open to married couples, whether of the same sex or opposite sex, who have been together for more than two years or are both over 28 years old.
Simple adoption is not open to couples in civil partnerships (PACS) or cohabiting couples.
Can a single parent adopt in France?
Yes!
Full adoption is open to a single parent if you are over 28 years old.
Does the adopted child have to agree to their full adoption?
Consent is required if the adopted child is over 13 years old.
Can a child be adopted twice?
No!… but
According to the French civil law, you can’t be adopted by several people.
However, some exceptions do exist, enabling an adoptee to be adopted again:
- The child is adopted by a spouse then by the other one.
- The Child’s adoptive parent(s) dies
Is an age gap requested between the adoptee and the adopter for full adoption?
Yes!
A 15-year gap is requested between adoptee and adopter.
When the child is adopted by the spouse of the adopter, a 10-year gap is requested.
However, in some very special circumstances, despite there is no such gap, a family law judge can give consent to full adoption.
adoption lawyer
Conditions to full adoption:… Next
What are the steps to full adoption in France?
The process involves the following steps:
– The child is eligible for full adoption, and the future adoptive parents meet the criteria.
– The future adoptive parents get a 5-year approval from the Child Welfare Service (ASE).
– The child is placed with the future adoptive parents for a 6-month trial (as stipulated in Article 345 of the Civil French Law).
– A formal request is made to refer the case to the Court (as per Article 353 of the Civil French Law).
– The Family law Judge issues a decree authorizing full adoption.
– Legal documents, including the child’s birth certificate, are updated to reflect the adoptive parent(s) and the child’s new legal status.
Can the Court reject a full adoption but agree to a simple one?
Yes!
Birth parents ask to take back the child before going to foster care. Can the child still go to foster care?
No!
When birth parents ask to take back the child before going to foster care, the child will not go until the family law judge decides on birth parent’s request.
Can birth parents take back children after giving them up for adoption and being in foster care?
No!
At the end of 2-month time, birth parents can take back the child if the child is not in foster care.
Can full adoption be reversed?
Yes!
Birth parents can file suit to reverse an adoption.
Example: adoptive parents haven’t talk about the birth grandparents’ child relationship
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Full adoption consequences
Does the child still have legal links with their birth parents once full adoption is completed?
No!
Once a final adoption decree has been entered, the birth parents cannot seek to reinstate their parental rights.
Will my partner’s parental rights be removed if I want to adopt my step-child?
No!
You can adopt your step-child without removing your partner’s parental rights.
Does a full adoption change the Child’s civil registration?
No!
Only the new parental rights are mentioned on the child’s civil registration.
Can an adoptee marry a member of their birth family?
No!
Despite parental rights changed, a child can’t marry someone of their birth family to avoid incest relationships.
Can a full adopted child inherit from their birth family?
Yes!
A child can still inherit between their birth and the adoption certificate. Legacy is effective despite a full adoption.
Can a full adoption order be undone?
An adoption order made by a court in France is irreversible once the time limits for appeal have passed.
L’enfant adopté plénièrement peut-il hériter de l’adoptant ?
Oui !
L’adoption créant un lien de filiation juridique avec l’adoptant, l’adopté pourra hériter comme n’importe quel autre enfant biologique.
L’adoption plénière est-elle révocable ?
Non !
L’adoption plénière est irrévocable aux termes de l’article 359 du code civil.
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