FRANCE Law and Practice Contributed by: Véronique Chauveau and Morghân Peltier, Chauveau Mulon & Associés
1. The Care Provider’s Ability to Take Decisions About the Child 1.1 Parental Responsibility In France, “parental responsibility” is known as “paren - tal authority”. Article 371-1 of the French Civil Code defines parental authority as “a set of rights and duties whose ultimate aim is the best interests of the child”. It includes all decisions with regard to the child’s safety, health, moral well-being, education and development. It is exercised jointly by the parents, whether married or not, of the same sex or not, as soon as filiation with the child has been established. 1.2 Requirements for Birth Mothers According to Article 311-25 of the Civil Code, parent - age is established by the mother’s name on the child’s birth certificate. Parentage can also be established by an acknowledgement of maternity before or after birth. 1.3 Requirements for Fathers There is a presumption of paternity if the child was conceived or born during the marriage (Articles 312 et seq of the Civil Code). Paternity can be established by an acknowledgement of paternity before or after birth. If this is done within one year after birth, the father may have joint parental authority. Note that there is no requirement for the mother’s agreement. If recognition is made after this one-year period, the parents must make a joint declaration. If the mother does not agree, the father must apply to the family court to obtain joint parental authority. 1.4 Requirements for Non-Genetic Parents If a person who is not the biological parent of the child wishes to establish a parent–child relationship with the child, they must follow the adoption procedure in accordance with Articles 343 et seq of the Civil Code. Alternatively, the biological parent(s) may request the delegation of parental authority to another person under Article 377 of the French Civil Code.
1.5 Relevance of Marriage at Point of Conception or Birth The fact that the parents are married does not neces - sarily affect the determination of the child’s affiliation or the joint exercise of parental authority. The only difference in the case of marriage is the presumption of paternity, which can always be challenged. 1.6 Same-Sex Relationships There is no difference for same-sex parents to exer - cise joint parental authority over the child. 1.7 Adoption There are two types of adoption in France: simple and full ( plénière ). In a simple adoption, the child retains links with their family of origin. In a full adoption, the links between the child and the family of origin are severed. In both cases, it is possible to adopt alone, or as a couple (cohabiting, married or partnered), by a het - erosexual or homosexual couple. 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.
2. Relocation 2.1 Whose Consent Is Required for Relocation?
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 Fam -
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