Question 18847 — family

Summary

Mr. Michel Larive draws the attention of the Minister of Solidarity and Health to the legislative issues encountered during the adoption process. The first problem that arises is the waiting period between submitting the adoption file and the child being assigned to his or her family, which can sometimes last many years. When the person(s) wishing to adopt are civil servants, this situation of applicant for adoption is not taken into account in the points bonus which allows the assignment or transfer. This position can lead to further difficulties if the spouses are separated due to an assignment, leading to instability in the home, not conducive to welcoming a child. Another problem lies in the leave period: before adoption and after adoption. Indeed, foreign countries set the durations themselves. of stay, which vary from a few days to 6 months depending on the country. Let's take some examples: 3 months for Chile or Madagascar, 6 weeks for Hungary, 6 months for the Dominican Republic. The objective of these stays is to create initial links with the child(ren) and to administratively finalize the procedure. In France, the regulatory texts which govern adoption provide that any employee holding approval in adoption may benefit from an authorization of absence for a maximum period of 6 weeks, if he goes to the overseas territories or abroad to adopt a child. In the public service this necessarily involves availability. The durations of absence are therefore completely inappropriate with the procedures initiated abroad. In addition, for civil servants, advancement, salary and retirement rights are lost. for the entire duration of the absence. Beyond 6 weeks, the absence, which is no longer legal but subject to authorization from the hierarchy, must be formulated 3 months before the end of availability, i.e. before knowing whether the stay on site will have to be extended or not depending on the progress of the procedures. The duration of adoption leave varies from 10 to 22 weeks depending on the number of children taken in, while child leave Maternity varies between 16 and 46 weeks, creating unjustified inequality. Then come the financial difficulties encountered. No right to deduct any costs (training, travel costs to go abroad, etc.) is provided. Children are not taken into account as dependents from the start of the period of conviviality abroad (although this can last 6 months), but only after returning to France. It is impossible in France to anticipate this tax situation. In addition, with withholding tax, the time taken to update the rate can reach 3 months. Financial difficulties are therefore increasing depending on the number of children adopted. The “adoption loan” as exists in other countries does not exist in France; the only option being to take out a “consumer loan”... Finally, when the child or children arrive in their new home, the income taken into account is that of year N-2 and not the actual income of the adoption period where adopters sometimes do not have a salary for a sometimes long period. Losses of income linked to adoption are therefore not taken into account to benefit from the adoption bonus, just like costs linked to adoption, which are not deducted from income. However, they are consequent. The income ceilings set by the CAF to be eligible for the adoption bonus have been revised downwards and those for the PAJE (Young child welcome bonus) are even lower. The resources of year N-2 are also taken into consideration here. In light of these findings and the numerous issues raised, encountered by future parents during adoption-related procedures, he would like to know what ways it intends to intervene to compensate for these dysfunctions.

Machine translation from French. The official text remains authoritative.

Timeline

No timeline events have been ingested for this record yet.

Votes

No vote records are attached yet.

Versions

No version snapshots stored. Document URLs remain at the source.

Documents

No documents linked.

Sponsors

• Michel Larive · auteur

Related records

No cross-record relationships stored yet.