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.
Simple adoption is permitted regardless of the age of the adopted person.
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.
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.
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.
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…
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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