This February 8, the deputies are preparing to vote definitively on the bill aimed at “facilitating and securing adoption”. In particular, it provides for full adoption for unmarried couples, whether they are PACS partners or cohabitants, and facilitated adoption for foster children.
What does the adoption reform provide?
Adoption for unmarried couples
On February 8, the deputies are preparing to vote definitively on the bill aimed at reform adoption passed by the Senate last October. This text aims tofirmly and definitively anchor adoption in the protection of children and in a modernity concerned with the well-being of all members of our society“, explained Adrien Taquet, Secretary of State for Children and Families. From a report to the government co-written by LREM MP Monique Limon and Senator LR Corinne Imbert, the text plans to open the ‘full adoption for unmarried couples, whether they are PACS or cohabitants. This measure aims in particular to put an end to “discrimination relating to the rules of union or same-sex parenting”.
The age of the adopting parents
The bill lowers the minimum age for each adopter from 28 to 26. The minimum duration of cohabitation is also reduced from two to one year.
Adoption and PMA for female couples
Another transitional measure, the possibility, for couples of women who have had recourse to medically assisted procreation (PMA) abroad and since separated, for the woman who did not give birth to adopt the child despite the mother’s opposition. The text also provides for an improvement in the functioning of family councils which will now include only one member selected for his skills in the medical, psychological or social field, instead of two experts. It also provides for the prohibition for Organizations authorized for adoption (OAA) to collect children in France to find them a family and support from these OAAs. Finally, the biological parents entrusting their child for adoption will have to consent to his becoming a pupil of the State, and thereby being able to be adopted.
Who can adopt, what are the conditions?
Adoption, whether simple or full, is currently open to :
- anyone over the age of 28 (married or not, living alone or in a couple)
- spouses married for more than 2 years, who are not in the process of separating, or both over the age of 28. Finally, you must mutually consent to this adoption.
- The age difference must be at least 15 years, except in case of‘adoption of your husband’s or wife’s child and no more than 45 years old.
The procedure takes place before the court.
What is a simple adoption?
Simple adoption makes it possible to adopt a person (even an adult) without removing the ties with their family of origin.. Generally, recourse to simple adoption concerns people with lasting affection, often a family member. But other children are adoptable in the form of simple adoption:
- The wards of the state (children without known or established parentage, orphans, foundlings, etc.)
- The children declared abandoned by court judgment
- The foreign childrendepending on the applicable legislation
- The children who cannot benefit from full adoption
- The children previously adopted by one of the spouses.
You will then have exclusive parental authority over your child, will have to meet his food needs and the adoptee will bear your name in addition to or in replacement of his.
What is a full adoption?
Different from simple adoption, full adoption breaks all parentage between the adoptee and his or her family of origin. In fact, adoption creates a bond of filiation between the adopter and the adoptee. A child is adoptable in plenary if he has under 15 and is in one of the following situations:
- State ward
- Child whose parents or family council (family members chosen and chaired by the Guardianship Judge) accepted the adoption. This is the case if the biological parents are deceased or deprived of parental authority.
- Child declared abandoned by court judgment
- foreign child depending on the applicable legislation.
However, there are two cases where thechild over 15 years old can be adopted in plenary (valid until its 20th birthday):
- You welcomed the child into your home before he was 15 but you did not meet the conditions to adopt him.
- You adopted the child before the age of 15 in the form of a simple adoption.
If full adoption is pronounced by the judgeyou will have exclusive authority over your child, must meet his food needs and aA new birth certificate will be drawn up. The adopted child will then be registered on your family book, as if you were his biological parent. Similarly, the child takes your family name instead of his.
State approval, issued by the general council of the department, is the mandatory prerequisite for adopting a child whether in France or abroad. Only intra-family adoptions are exempt. How it works ? The future parents meet a social worker and a psychologist (sometimes a psychiatrist) who check their ability to adopt both materially and psychologically, but also their motivation. They usually pass three interviews spaced about a month apart.
To apply for adoptionyou must make a written request (or via the Cerfa form n°15740*03) completed and send it to the public prosecutor or send it by registered letter with acknowledgment of receipt to the court of your place of residence. Recourse to a lawyer is compulsory if the adopted child was taken in after the age of 15. Similarly, if he is over 13, he must then give his consent before the notary to finalize the adoption process.
If your adoption project concerns a pupil of the State or a foreign child, you must first obtain approval. Once your approval has been obtained, you will have to file a application for adoption with the services of the department of social assistance for children (ESA). You will then be placed on a list so that you can be selected as an “adoptor” by the Family Council of State Wards.
After obtaining approval, you can contact the ASE of your department or another department (Overseas, for example) or an organization authorized for adoption (OAA), even if this way is more rare. To know : you can make requests in France and abroad at the same time.
Once your approval has been obtained, the ASE (Childhood social assistance) will contact you to give you information on the child who will be entrusted to you: his story, his family situation, sometimes photos… Then, it’s is the time of the first meeting at the nursery or orphanage. Depending on the age of the child, a certain number of appointments take place, sometimes even a sponsorship on the weekend before the installation of the child in his new home. It is the district court that pronounces the adoption.
Adoption abroad: what you need to know
Several possibilities. The most common: you contact individually (or with the help of a private lawyer) the competent authorities of the country where you have chosen to adopt. The least risky alternative to protect children from possible clandestine trafficking: count on theFrench Adoption Agency (AFA) or an organization authorized for adoption (OAA) to act as an intermediary.
In general, future parents go to a country that they know or that attracts them. Others think of distressed states. But you should know that when a natural disaster occurs, the authorities do not allow children to be put up for adoption right away. Furthermore, some countries do not allow adoption : Koranic states (except Turkey, Indonesia and Tunisia). Still others have no legislation, such as Mongolia or Chad; adoption is therefore prohibited by French law. To find out the list of countries (which is constantly changing) where you can send your requests, contact the Mission of international adoption (MAY). To know : you can take steps in several countries (including France) at the same time. Finally, the child adopted in full during his minority automatically acquires the French nationality and will then be considered French by birth.
How long before adopting a child?
In the context of a request for full adoption, you can make the request as soon as the child is entrusted to you, but it cannot be examined before 6 month delay. During the hearing, you will be heard by the judge and, after examination of the documents in order to verify that the conditions for adoption are met and in accordance with the interest of the adopted person, the clerk will notify you of the decision. In the event of refusal, you will have the possibility of contesting the decision before the court of appeal.
It may take up to 5 years after obtaining approval before obtaining a proposal. To try to speed up the process, do not hesitate to follow up with the competent services once a year.
The withdrawal period: the biological parents have 2 months
As for the biological parents, they have a period of two months to reconsider their decision, it is called the withdrawal period. This is why no child under the age of two months is placed for adoption.
If you are an employee, when adopting your childyou are entitled to paid adoption leave. Its duration varies from 10 weeks to 22 weeks depending on the number of adopted children and dependent children in your household. And it should be extended to a minimum of 16 weeks since the government, which has already extended paternity leave, also wants extend the duration of adoption leave from 2021. This adoption leave can be divided between the two parents, if they are employees.