Adoption: how to apply for approval?

Approval is an authorization official issued by the president of the departmental council.

Accreditation is granted when an adoptive parent is able to meet the basic physical, intellectual, social and emotional needs of a child eligible for adoption.

Approval is required, previously to adoption, when a person wants to adopt a State ward or a child foreigner who is not the child of his or her spouse, Civil partnership partner or common-law partner.

The application for approval is a simple mail drafted by the adopter in which he seeks approval to implement an adoption project.

In this letter, the adopter specifies his family situation (in couple or not, with or without children).

Then, the situation differs on the adoptive parent's place of residence:

In the 2 months following the application for approval, a notice on the adoption procedure shall be sent to the adopter, covering in particular the following:

• Psychological, educational, family, social and cultural dimensions of adoption
• Administrative and judicial procedures relating to adoption
• Number of adoptable children in the department, their age and situation
• Principles of intercountry adoption.

Briefings are also offered to the adopter.

At the first interview following the application for approval, a standard questionnaire is given to the adopter.

This questionnaire covers the family, social and professional situation and the adoption plan of the candidate for adoption.

After reading the adoption information, the adopter must confirm its application for approval by registered letter with acknowledgement of receipt.

In this letter, the adoptive parent may specify his or her wishes, including the number and age of children he or she wishes to receive.

The adopter must also provide the following documents :

• Full copy of his birth certificateand, if he has one or more children, a copy of his family record book
• Bulletin n°3 of the criminal record
• Certificate of good repute less than 6 months
• Medical certificate of less than 3 months, from an approved doctor, attesting that his state of health and that of the persons residing in his household allows the reception of children for adoption
• Any document attesting to the resources available to it
• Standard questionnaire completed.

It is the adoptive parent's residence that determines to which county council to send the letter confirming the application for approval.

Before issuing the approval, the president of the departmental council cause an investigation to be made to ensure the reception conditions offered by the adopter. He viewed also the accreditation commission.

This survey is carried out by the child welfare service (ASE).

The investigation shall include in particular social and psychological assessment.

These assessments are carried out by professionals (social workers, special or early childhood educators, psychologists or psychiatrists) who meet with the prospective adoptee at least twice.

The adopter may request that all or part of the investigations be carried out a second time by different persons.

À the outcome of the investigations, the adopter shall be informed that he may view documents shall be included in its file and shall make its observations known in writing and specify its draft adoption.

It shall also be informed that it has the possibility tobe heard by the approval committee before the Commission gives its opinion.

The final approval decision is taken, after consultation of the approval committee, by the president of the departmental council in the form ofarrested.

The application for approval shall be examined and issued in the 9 months from the day on which the adopter has confirmed his application.

Order on approval for adoption, issued by the president of the departmental council, is sent to the adopter. The order is accompanied by an information leaflet.

This information leaflet shall include the number, age and characteristics of the child or children who may be taken in for adoption.

This approval is granted for 5 years.

Every year and throughout the period of validity of the approval, the adopter shall confirm to the president of the departmental council of his department of residence that he maintains his adoption project.

If the adopter resides on the municipality of Paris, it must confirm that its draft adoption remains in force at Office for Children's Rights and Life Projects of the City of Paris.

The adopter must attach:

• a declaration of honor whether his marital status or the composition of his family has changed,
• one new attestation of good repute less than 6 months old.

With a view to updating the adoptive parent's file, the president of the departmental council conducts an interview with the adoptive parent, at the latest at the end of the second year of validity of the approval.

In case of changes to the reception conditions or in the absence of a declaration of honor, the president of the departmental council may arrange for further investigations on reception conditions.

It may optionally withdraw approval.

Refusal or withdrawal of approval in the context of a adoption procedure must be motivated.

The adopter may make a ex gratia before referring the matter to the judge.

This ex gratia remedy must be exercised with of the president of the departmental council who has refused or withdrawn the approval.

It must be done within a period of 2 months from the notification refusal or withdrawal of approval.

However, an ex gratia remedy is not not mandatory.

The adopter may challenge a refusal or withdrawal of authorization directly in front of administrative judge.

The contentious remedy must be exercised in the 2 months which follow the refusal or withdrawal of approval or rejection of the ex gratia appeal.