FRANCE Law and Practice Contributed by: Véronique Chauveau, Morghân Peltier, Romane Lemaitre and Agathe Wehbé, Chauveau Mulon & Associés
Simple Adoption The adopter must be over 26 years old and 15 years older than the adopted child (with exceptions author - ised by the judge, such as the adoption of a sibling). It is possible to adopt alone, but if the adopter is married or in another relationship, the other member of the couple must consent to the adoption. Full Adoption The age requirements are the same as for a simple adoption. However, if a person is adopting the child of their spouse or partner, there is no minimum age requirement. It is also possible to adopt alone, but in this case, as with a simple adoption, the consent of the other member of the couple must be obtained. Relocating a child to a new country requires the con - sent of the other parent as part of the joint exercise of parental authority. In the event of disagreement, the more diligent parent must refer the matter to the family judge, who will decide in the best interests of the child. 2.2 Relocation Without Full Consent If the other parent disagrees with the move or does not agree, the parent wishing to move with the child must apply to the Family Affairs Judge for authorisation to change the child’s place of residence. 2.3 Application to a State Authority for Permission to Relocate a Child 2.3.1 Factors Determining an Application for Relocation Best Interests of the Child The parent must show that it is in the child’s best inter - ests to move or, conversely, that it is not in the child’s best interests to move to another country. The Family Affairs Judge will decide whether or not to authorise the child to move, based exclusively on the child’s best interests. Reasons for the Move The parent must also justify the reasons for the move (personal or professional), which will be considered by 2. Relocation 2.1 Whose Consent Is Required for Relocation?
the judge. If it is for professional reasons, the judge will check whether there was another alternative to the transfer or whether the job obtained abroad could have been found in France. If it is for personal reasons, one needs to explain the links with the foreign country, for example if it was a joint project to live there, or if there are family links there. If the reasons are purely personal to the parent wish - ing to move and do not justify uprooting the child, the judge will tend to refuse the relocation. The Plan Ideally, the parent should provide evidence of local accommodation, a school for the child and a job to provide stability and financial security for the child. Ideally, they should also be able to show that there will be no language barrier for the child, or that they are following a dual course of study with their mother tongue. Respect for the Other Parent It is also important for the application to show that the parent can respect the position of the other par - ent despite the distance. It is possible to offer more extensive visiting and accommodation rights, such as all of certain school holidays, so that the other parent can see as much of their child as possible despite the relocation. Other Information Finally, an applicant should provide any information that can reassure the judge that the move is justified and in the child’s best interests. 2.3.2 Wishes and Feelings of the Child In case of relocation, the judge will hear the child whether the child wishes to do so and is capable of discernment. However, the judge will not only take the child’s views into account. It is all about the evidence – hearing the child is part of it, but the other elements are just as important. 2.3.3 Age/Maturity of the Child The child has the right to be heard if they so wish. The child must be capable of discernment in accordance with Article 388-1 of the Civil Code. The minor child may benefit, if they wish to, from the assistance of a
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