Approval is the basic document essential for adoption. Anyone wishing to adopt a ward of the State or a child abroad must necessarily obtain it first. Its objective: to allow the service of Social Assistance to Children (Ase) to ensure that the child will be well received in a home where his age, any difficulties and his personal history will be respected, that he can evolve in a new, serene and loving family environment. More than an administrative formality, approval is also a first step allowing future parents to plan for the reception of a child by formalizing their adoption plan.

 Note: in certain situations, a license exemption is granted, namely:

• for the adoption of the spouse’s child (as specified in article 353-1 of the Civil Code),
• if the people with whom the child has been placed by ASE wish to adopt it.

The conditions for obtaining approval are defined by law and in particular article L225-2 of the Code of social action and families. This states that “Approval is granted for 5 years, within 9 months, by the president of the departmental council after consulting a committee […]. Approval is issued for the reception of one or more children simultaneously. ”

 Before any request, future adopters must meet the general conditions allowing access to adoption in France and therefore:

• be married (of the same or different sexes) and be over 28 years of age or under, if they have been married for more than 2 years,
• be a single person over 28 years old,
• be at least 15 years older than the foster child (unless expressly agreed by the judge).

To obtain approval, a first application must be made to the Child welfare service (ASE) of the department of residence. Its form: a simple letter in which the adopters can, first of all, specify their family situation.

Within 2 months of receiving this letter, the Departmental Council services will send applicants a notice on the adoption procedure as well as a standard form to be completed. The latter aims to clarify the family and social situation of applicants.

Last step before examining the application for approval: adopters must confirm their

willingness to adopt a child via a registered letter with acknowledgment of receipt sent to ASE. This letter is also an opportunity to specify any wishes relating to the adoption (number of children, age (s), etc.) and to provide the documents necessary for the constitution of the file, namely:

• a full copy of the birth certificate,
• a copy of the family record book (if the adopters already have children),
• an extract from the criminal record (or bulletin n ° 3),
• a medical certificate of less than 3 months confirming that the health of all the members of the household allows a good reception of the child,
• documents attesting to household resources (payslips, income tax notice, etc.),
• the ASE form duly completed.

After receiving the request for approval, the ASE services have 9 months to process the file. During this period, future adopters are required to pass several “interviews” with service professionals in the context of:

• a material and social investigation, carried out by a social worker, which involves at least two appointments, including one at home,
• a psychological assessment, conducted by a psychologist and requiring at least two meetings.

ASE then sends its conclusions to the Approvals Committee. At this stage, the law provides that applicants are notified of the opinion of the ASE at least 15 days before the decision of the commission.

If the commission responds positively to the request for approval, the latter is granted for 5 years. Be careful, however: obtaining approval does not guarantee adoption! For the approval to remain valid, adopters must confirm that their adoption plan will be maintained each year with ASE (registered letter with acknowledgment of receipt) and notify the service of any change in their situation (particularly of domicile, in within 2 months).

If the committee refuses the approval, the people who made the adoption request have 2 recourse:

• a gracious appeal to the president of the Departmental Council, within 2 months of the refusal of approval. However, this request is not obligatory and adopters can choose to start an administrative procedure directly.
• proceedings before the administrative court (on the basis of an appeal for excess of power) within 2 months following the upholding of the refusal decision.

 If at the end of this procedure, the refusal of approval is still maintained, the adopters will have to wait a period of 30 months before submitting a new application to ASE.