The Adoption Process in France

Abstract

The Republic of France, an economically thriving developed nation, with a population of some 64.5 million people, has a legal system based on the civil law and governed by a constitution.1 The principles underpinning that system are drawn from the Declaration of the Rights of Man and of the Citizen2 while its basic rules are to be found in the Napoleonic Code.3 The law is laid down in statute form for interpretation and application by the judiciary. The strong democratic and egalitarian traditions of this nation, developed through its revolutionary experiences of the late 18th century, have done much to shape contemporary family law and the role of adoption within it.This chapter outlines the adoption process in France in accordance with the template of legal functions (see, Chap. 3). It is primarily concerned to identify and examine those distinctive features of this archetypal civil law jurisdiction that distinguish the legal aspects of the process from its common law counterpart. As with the other jurisdictions studied, the chapter begins by considering the social and legal context of adoption, the emerging trends in types of adoption and their more prominent characteristics. It notes current government policy and identifies the relevant legislation before examining in some detail the regulatory framework, the main agencies and processes and the role of the parties as they relate to the adoption process. The chapter concludes with a summary and assessment of the more distinctive and significant characteristics of the contemporary adoption process in France.