Section 3: Adoption judgment

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Article 353-1

French Civil CodeIn force

Updated 8 Nov 2023

Adoption is granted at the request of the adopter or adopters by the judicial court, which verifies within a period of six months from the date of referral to the court whether the conditions of the law are met and whether the adoption is in the child's interest.

The minor capable of discernment is heard by the court or, where his or her interests so require, by the person appointed by the court for this purpose. He must be heard in a manner appropriate to his age and degree of maturity. If the minor refuses to be heard, the judge will assess whether this refusal is justified. The minor may be heard alone or with a lawyer or a person of his or her choice. If this choice does not appear to be in the minor's best interests, the judge may appoint another person

In cases where the adopter has descendants the court will also check that the adoption is not likely to compromise family life.

If the adopter dies, after having regularly taken in the child with a view to adoption, the application may be made on his or her behalf by the surviving spouse, partner bound by a civil solidarity pact or cohabitee, or one of the adopter's heirs.

The death of the adopter after the application has been lodged does not relieve the court of jurisdiction.

If the child dies after having been lawfully taken in with a view to adoption, the application may nevertheless be lodged. The judgment takes effect on the day preceding the death and only entails a change in the child's civil status.

The judgment granting adoption does not state the reasons on which it is based.

Mariela Petrova

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A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

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Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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