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Chapter I: Conditions required for adoption

Article 343 of the French Civil Code

Adoption may be requested by two spouses who are not legally separated, two partners bound by a civil solidarity pact or two cohabitants. The adopters must be able to provide proof of at least one year’s cohabitation or be both over the age of twenty-six.

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Article 343-1 of the French Civil Code

Adoption may also be applied for by any person over the age of twenty-six. If the adopter is married and not legally separated or bound by a civil solidarity pact, the consent of the other member of the couple is required unless the latter is unable to express his or her wishes.

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Article 344 of the French Civil Code

The following may be adopted: 1° Minors for whom the parents or the family council have validly consented to the adoption; 2° Wards of the State for whom the family council for wards of the State has consented to the adoption; 3° Children judicially declared abandoned under the conditions provided for in articles 381-1 and 381-2; 4° Adults, in the simple form and in the plenary form in the cases…

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Article 345 of the French Civil Code

Where the child was taken in before the age of fifteen by persons who did not meet the legal conditions for adoption 2° Where the child was the subject of a simple adoption before the age of fifteen; > 3° In the cases provided for in 2° and 3° of article 344; 4° In the cases provided for in article 370-1-3.

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Article 345-2 of the French Civil Code

No one may be adopted by more than one person except by two spouses, two partners in a civil solidarity pact or two cohabitees. However, a new simple or full adoption may be granted after the death of the adopter or both adopters, and a simple adoption may be granted to a child who has been the subject of a full adoption if there are serious grounds.

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Article 346 of the French Civil Code

Adoption between ascendants and descendants in the direct line and between brothers and sisters is prohibited. However, the court may order adoption if there are serious grounds which the interests of the adopted person require to be taken into consideration.

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Article 347 of the French Civil Code

The adopter or adopters must be fifteen years older than the children they propose to adopt. However, where the difference in age is less than that provided for in the preceding paragraph, the court may order the adoption if there are good grounds.

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Article 348 of the French Civil Code

When the filiation of a minor is established with regard to both parents, both must consent to the adoption. If one of them is deceased, unable to express his or her will, or has lost his or her rights of parental authority, the consent of the other is sufficient.

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