Section 1: Commencement and termination of guardianship

Guardianship is established when both the father and mother are deceased or are deprived of the exercise of parental authority. It is also established in respect of a child whose parentage has not been legally established. There is no derogation from the specific laws governing the child welfare service. .

In the case of legal administration, the guardianship judge may, at any time and for serious cause, either ex officio or at the request of relatives or allies or the public prosecutor, decide to open guardianship after hearing or calling, except in an emergency, the legal administrator. The latter may not carry out any act of disposal from the time of the application until the final judgment except in an…

If a child is recognised by either parent after guardianship has been opened, the guardianship judge may, at the request of that parent, decide to substitute legal administration for guardianship.

Without prejudice to the provisions of Article 392, guardianship ends when the minor becomes emancipated or reaches majority. It is also terminated in the event of a final discharge judgment or the death of the person concerned.