The conditions of adoption are subject to the national law of the adopter or, in the case of adoption by a couple, to the common national law of the two members of the couple on the day on which the adoption application is lodged or, failing that, to the law of their common habitual residence on the day on which the adoption application is lodged or, failing that, to the law of the court seised. Adoption may not, however, be granted if the national law of both members of the couple prohibits it.
The adoption of a foreign minor may not be granted if his or her national law prohibits this institution, unless the minor was born and habitually resides in France.
Whatever the applicable law, adoption requires the consent of the child’s legal representative under the conditions defined in the first paragraph of article 348-3.