Consent to adoption may be withdrawn for two months.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 If, on expiry of the two-month period, consent has not been withdrawn, the parents may still request the return of the child, provided that it has not been placed for adoption.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 It may be withdrawn at any time until the adoption is granted.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.
Placement with a view to adoption concerns wards of the state or children judicially declared abandoned. In the case of full adoption, it also concerns children for whom adoption has been validly and definitively consented to. This placement takes effect on the date on which the child is actually handed over to the future adopters.
If the parents have requested the return of the child whose filiation has been established, the child may not be placed until a ruling has been given on the merits of this request at the request of the most diligent party. Where the child’s filiation has not been established, there can be no placement with a view to full adoption for a period of two months from the time the…
The prospective adopter(s) shall perform the usual acts of parental authority in relation to the person of the child from the time the child is handed over until the adoption judgment is delivered.
Placement with a view to full adoption precludes any return of the child to his or her family of origin. It defeats any declaration of filiation and any recognition. If the placement with a view to adoption ceases or if the court refuses to grant the adoption, the effects of this placement are retroactively resolved.
In the case of the adoption of a ward of the State or a foreign child who is not the child of the adopter’s spouse, partner bound by a civil solidarity pact or cohabiting partner, the court shall check before granting the adoption that the applicant or applicants have obtained approval to adopt or were exempt from obtaining approval. If approval has been refused or has not been granted within…
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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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