Adoption is a subject that is particularly close to my heart as a family law specialist. Over the years, I have accompanied many couples and single people in their adoption project, and I can assure you that it is always a very enriching experience. Today, I would like to share with you the essential information on Conditions to adopt in France. Whether you are at the start of your reflection or already engaged in the process, this practical guide will help you see more clearly.
Who can adopt a child in France?
The first question often posed by future adoptive parents concerns their eligibility. I remember a couple who thought they could not adopt because of their age. What was their surprise when I explained the current criteria to them! Here are the main conditions to be fulfilled for adopters:
- Be at least 26 years old (compared to 28 years before the reform of 2022)
- For a couple: being married, pacs or in cohabitation
- Justify at least 1 year of common life for couples, or be both over 26 years old
- Be at least 15 years older than the adopted child (10 years for the adoption of the spouse’s child)
Note that adoption is also open to single people over the age of 26. I also had the opportunity to accompany several single women and men in their adoption project, with great successes.
Another essential condition is the obtaining of the approval issued by the Departmental Council. However, this approval is not required in the case of an intra -family adoption. Finally, if you are married but want to adopt alone, you will have to obtain the consent of your spouse.
The maximum age difference
An often overlooked point concerns the maximum age difference between the youngest adopter and the child. This is set at 50 years. This limit aims to ensure that adoptive parents will be able to support the child until his majority and beyond.
Adoption restrictions
There are also some restrictions on adoption that it is important to know. For example, it is forbidden to adopt an ascendant or a brother/sister, except for serious reasons. This rule aims to preserve family order and to avoid confusion in kinship.
The importance of approval
Obtaining approval is a crucial step in the adoption process. This is an in -depth assessment of your ability to accommodate a child. This evaluation includes interviews with social workers and psychologists. This is an opportunity to think in depth about your project and prepare yourself there as best as possible.
The different types of adoption and their specificities
In France, there are two types of adoption: plenary adoption and simple adoption. Each has its particularities and its legal implications. Let me explain the main differences to you:
| Plenary adoption | Adoption simple |
|---|---|
| Breaks links with the original family | Maintains links with the original family |
| Possible for children under the age of 15 (up to 20 years in some cases) | Possible at any age |
| Requires a prior investment of 6 months minimum | No mandatory prior placement |
The choice between these two types of adoption will depend on your situation and that of the child. For example, simple adoption can be particularly suitable for the adoption of the spouse’s child, because it makes it possible to maintain links with the biological parent while creating a new parentage.
Adoptable children
Not all children are legally adopted in France. The categories of children that can be adopted are:
- State pupils
- Children whose parents have agreed to adoption
- Children judicially declared abandoned
It should be noted that the child’s consent is required from 13 years old. This provision aims to respect the will of the child and to ensure his membership in the adoption project.
The adoption procedure
The adoption procedure in France may seem complex, but it is designed to guarantee the interest of the child and the preparation of future adoptive parents. Here are the main steps:
- Approval request to the Departmental Council
- Social and psychological assessment
- Obtaining approval
- Research and proposal of a child
- Placement period (for plenary adoption)
- Filing of the request for adoption at the judicial court
- Adoption judgment (rendered within 6 months)
- Transcription to civil status
Throughout this process, do not hesitate to be accompanied by professionals. If you have financial difficulties, know that it is possible to obtain legal aid for adoption procedures.
The challenges and joys of adoption
Adoption is a course that can be long and sometimes trying, but which also brings immense satisfactions. I have seen many families build themselves thanks to adoption, and I can assure you that love and patience are the keys to success.
Remember that each adoption story is unique. Some children will need more time to adapt, others will quickly integrate into their new family. The main thing is to be ready to welcome the child with all his experience and history.
As a family law professional, I can only encourage you to inform yourself and prepare. Adoption is a commitment to life, but it is also a great human adventure that can bring a lot of happiness.
If you have specific questions about Conditions to adopt in France Or on the procedure, do not hesitate to consult a specialized lawyer. Each situation is unique and deserves special attention.
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