Each year, nearly 2000 children are adopted in France at the end of a procedure that is often very long, sometimes difficult for the adopters. How to project yourself into this other form of parenthood? Who can adopt and under what conditions? Overview of adoption in a few key questions.

An insoluble infertility, a celibacy which is not what one hoped for, a physiological impossibility to have a child together, the desire to give a chance to a child who has not had one… The motivations behind a desire to adoption are as diverse as the adopters themselves. However, all of them have one thing in common: the desire, even the need, to give love to a child by starting a new family together.

In fact, several hundred adopters in France manage to welcome a child each year. More precisely :

• 976 child wards of the State were placed with a family for adoption in 2014, a figure up over 9% from the previous year,
• abroad, 956 international adoption visas were granted in 2016.

If adoption is, in itself, a wonderful solution to allow an adopter to realize his desire for a child, it must nevertheless be the subject of preliminary questions. The objective: to refine his adoption plan, the cornerstone of an often trying procedure.

• Am I ready?

The question may seem obvious as the desire to create a family is sometimes visceral, yet it is essential because the adoption procedure can pose a number of difficulties (administrative, practical or psychological). The first of these tests: the length of the procedure (between 4 and 5 years on average, depending on whether it takes place abroad or in France) often a source of discouragement.

Identically, the reality of adoption, whether French or international, does not always correspond to the sometimes idealized image that we may have of it. Thus, far from “the child who looks like us” or at a very young age as adopters would sometimes wish, the children to be adopted are more and more often older, from siblings, having a heavy previous family history or suffering. disability, whether national or international adoption.

Faced with these issues, it is therefore important that prospective adoptive parents identify their expectations, their limits and their skills in order to be able to define the profile of the child they are ready to welcome and thus maintain a realistic approach to adoption.

• Is it possible to adopt?

The law, whether French or foreign in the event of intercountry adoption, imposes certain conditions on the adoption. The age, the agreement of his partner, the non-legal separation for a married couple are all parameters to check before starting any procedure in France (see above). For international adoptions, some States impose even more restrictive conditions, in particular related to the marital status of adopters. Here again, prior checks are therefore necessary.

In addition, obtaining approval, which is essential for any adoption (excluding adoption of a spouse’s child), is conditioned by a prior psychological and social investigation carried out by the Child Social Assistance (ASE) services. ). Its objective: to verify that adopters are able to offer a home that respects the child and his or her history. The moral, educational, psychological, emotional but also material capacities of adopters are thus observed before any approval decision. If approval is a right and its refusal can only be motivated by legal reasons, it is not automatic. A first reflection by the adopter around his ability to meet these conditions can allow him to mature more and more in his decision and sometimes to avoid certain disappointments.

• What type of adoption do we want to conduct?

Whether a simple or full adoption procedure is carried out, in France or abroad, the implications are not the same… and here again deserve to be considered. If there is no good or bad adoption solution, the nature of the latter must correspond to the project fostered by the adopters in order to allow the reception of the child in the best possible conditions. Some concrete examples? A simple adoption implies that the adopted child will keep the ties of filiation with his biological parents, which can be, for some adopters, a positive point (it will be easier to explain his story to the child); for others, more problematic (if the adopters wish to make a “clean slate” of the past). Similarly, an adoption abroad can turn out to be more complex (procedures in a foreign language, difficulty in creating a bond with the child at a distance, etc.) and more expensive (travel costs in the adopted country, etc. .) than adoption in France… but also shorter. It’s up to everyone to establish their own priorities.

The question of the right to adoption varies according to the type of procedure envisaged.

• For adoption in France, the conditions for adoption are governed by the Civil Code and in particular Articles 343 et seq. The latter thus stipulate that“Adoption can be requested by two spouses who are not legally separated, married for more than two years or both over twenty-eight years”. What’s more, “adoption can also be requested by any person over the age of twenty-eight ”(art 343-1). Consequently, the reception of an adopted child is authorized to married couples, of different sexes or of the same sex, as well as to single people.
• For an international adoption, the right to adoption depends on the local legislation of the country concerned. Certain sovereign states thus deny access to adoption to certain candidates and in particular to same-sex couples or single people. Before starting any adoption process, it is therefore advisable to find out about the rules in force (see in this regard the country of adoption files from the Ministry of Foreign Affairs).

There are two types of adoption procedure in French law:

• L’adoption simple makes it possible to maintain the child’s previous filiation ties. It thus makes it possible to maintain the link with the family of origin, which may be sought by adopters, particularly in the event of intra-family adoption. Governed by article 360 ​​of the Civil Code, simple adoption is also less strict than full adoption, revocable and allows a legal bond to be created between two adults.
• Full adoption puts an end to any bond of filiation between the adopted child and his biological family. Governed by articles 343 et seq. Of the Civil Code, this type of adoption therefore involves the annulment of the child’s original birth certificate. Irrevocable, reserved for children under 15, it creates more stringent filial and inheritance rights than simple adoption.

Note: as this legal distinction is not recognized in all states, the competent French authorities (public prosecutor of the Nantes tribunal de grande instance or tribunal de grande instance competent within the jurisdiction of the appeal court of the place of residence of the adopter) monitor the decisions issued in the context of an international adoption. Thus, it is for the TGI to consider that a foreign adoption judgment is equivalent to a full French adoption. He then bases his decision on the notion that the adoption brings about a complete and irrevocable rupture of the pre-existing or non-existent parentage (civil code, article 370-5).

The adoption procedures and procedure vary, again, depending on whether one has undertaken to adopt a child in France or abroad. In both cases, the first steps remain the same:

• The adoption project is always the starting point of a procedure. Even if there are no precise indications as to its wording in the official texts, it is essential so that adopters can define their desires, their limits, etc.
• Approval : the approval procedure is, for its part, much more formal. And for good reason: obtaining approval conditions the continuation of the adoption process. Initial letter, explanation of procedures, material and social investigation of the ASE (Social Assistance to Childhood), psychological evaluation of adopters, instruction of the request… this first administrative step generally lasts 9 months.

Once approved, the stages of adoption fluctuate:

• In France, the reception of a ward of the State always begins with the presentation of the file to the family council and the matching. The objective: to designate the future parents according to their adoption plan and their seniority on the adoption list and thus allow them to welcome a child under ideal conditions. Then, the connection between the child and his future family can last from one week to 3 months depending on his age before a first reception period of 6 months very followed by social services. Finally, the adoption judgment validates the final acceptance of the child in his new family.
• Abroad, the adoption procedure depends on French law, but also on the local law of the country of adoption and on the ratification (or not) by the latter of the Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption of The Hague of 1993. Consequently, the adoption procedures may involve certain local specificities, even if they generally follow the same highlights:

  – the constitution of the file in France,

  – registration with the International Adoption Mission,

  – the procedure abroad (which again involves an affiliation, the issuance of an authorization to continue the adoption procedure, the local adoption judgment and then the issuance of the child’s passport).

  Finally, the return to France also involves a number of formalities: visa application, recognition of the adoption judgment, obtaining the enforcement of the judgment in the event of a simple adoption, etc.

Adoption in Canada: how is it going?

In Canada, adoption is a territorial jurisdiction. Thus each province has its laws in this area. Whatever the legislation in force, there are however 3 types of adoption in Canada:

• public adoption : children who can be adopted are then taken care of by the Children’s Aid Society. Free, this type of adoption is similar, in general terms, to the adoption of wards of the State in France.
• private adoption allows the reception of a child through a private adoption agency. Even if these structures are approved by the competent authorities, the procedures are very expensive.
• international adoption affects some 2000 children each year in Canada. It relates to the legal specificities of each territory.

Due to local jurisdiction, adoption procedures may vary. It is therefore recommended to contact the public bodies in charge of adoption (list available on the website of the Adoption Council of Canada).