Question 12381 — family

Summary

Mr. Erwan Balanant draws the attention of the Keeper of the Seals, Minister of Justice, to the conditions required to access adoption as a couple. Article 343 of the Civil Code opens adoption as a couple only to “spouses not separated, married for more than two years or both aged over twenty-eight”. Resulting from Law No. 96-604 of July 5, 1996, this article no longer reflects the reality of society. Indeed, in 2017, 59.9% of children were born outside of marriage. Furthermore, in accordance with Article 2 of the International Convention on the Rights of the Child, civil law allows children to enjoy the same status and rights whether their parents are married or not. Therefore, requiring a matrimonial bond between two people to allow them to adopt together constitutes an outdated and superfluous condition. If it proves essential that a couple who see each other entrusting a child demonstrates a certain stability, the latter is necessarily verified during the adoption procedure. Indeed, the adoption of a ward of the State extends on average over five years and, for international adoptions, the average period varies from three to six years depending on the country. During these long years, the different stages of the procedures, in particular the application for approval and the placement of the child prior to adoption, allow the administration to assess the reliability of adoption plans and the ability of adopters to assert themselves as parents. Consequently, he asks if the Government plans to open joint adoption to couples in a civil partnership or living together, as long as the administration, in particular child welfare, validates their project.

Machine translation from French. The official text remains authoritative.

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