Section 4: Consent to adoption

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.

When a child’s filiation is established with regard to only one of its parents, that parent alone must consent to the adoption.

When the child’s parents are deceased, unable to express their wishes or have lost their rights of parental authority, consent is given by the family council, after consulting the person who, in fact, cares for the child. The same applies if the child’s filiation has not been established.

Consent to adoption must be free, obtained without any consideration after the birth of the child and informed about the consequences of adoption, in particular if it is given with a view to full adoption, about the complete and irrevocable nature of the severance of the pre-existing parent-child relationship. Consent to adoption is given before a French or foreign notary, or before French diplomatic or consular agents. It may also…

Consent to the adoption of children under the age of two is valid only if the child has actually been handed over to the child welfare service, except in cases where there is a relationship of kinship or marriage up to and including the sixth degree between the adopter and the adopted child or in cases of adoption of the child of the spouse, partner bound by a civil solidarity…

Consent to adoption may be withdrawn for two months. The withdrawal must be made by registered letter with acknowledgement of receipt addressed to the person or service that received the consent to adoption. If, on expiry of the two-month period, consent has not been withdrawn, the parents may still request the return of the child, provided that it has not been placed for adoption. If the person who took the…

When the parents, one of them or the family council consents to the admission of the child as a ward of the State by handing it over to the child welfare service, the choice of adopter is left to the guardian, with the agreement of the family council for wards of the State.

Where the parents refuse to consent to the adoption of their child in respect of whom they have lost interest to the risk of compromising the child’s health or morals, the court may order the adoption if it considers the refusal abusive. The same applies in the event of improper refusal of consent by the family council.

An adopted person over the age of thirteen years shall personally consent to his or her adoption. This consent is given in accordance with the forms provided for in the second paragraph of article 348-3. It may be withdrawn at any time until the adoption is granted.

The court may order the adoption, if it is in the interests of the adopted person, of a minor over the age of thirteen or of a protected adult of full age, both of whom are unable to give their personal consent, after obtaining the opinion of an ad hoc administrator or the person in charge of a legal protection measure with representation relating to the person.