Adoption

General information

In the Western countries, the essence of the legislation relating to the adoption is inherited the Roman law and was integrated into the canonical Droit by the pope Nicolas Ier to the 9th century.

Nevertheless the laws governing the adoption strongly vary from one country to another. The common points are the following:

the adoptive parents must start by obtaining a Agrément in their country.
Then, they can seek a child to adopt. This research can be done directly in the country of the child, or via an association of assistance to the
adoption the child is initially " placed for adoption" in the adopting family.
After the period of placement, the adoption is pronounced by the legal authority
In general, the international adoption implies that it is necessary to follow the procedure of adoption in two countries: that of origin of the child and that of Residence of the adoptive parents
In the case of adoptive parents residing in a country of which they do not have nationality, the adoption is pronounced by the legal authority of the home country. The adoptive parents must then take steps near the consular authorities of their country to obtain the recognition of the adoption by their country and thus the Citoyenneté of their country for their child.

Specific procedures of adoption according to the countries

Procedure in France

Conditions

The conditions required for the application for adoption in France are:

to adopt in couple: to be married since more than 2 years, or to be married and to have each one at least 28 years.
a person alone can adopt a child.
It can act, of a man or a woman, (widower, single person, divorced or separated from body).
28 years minimum and to be 15 years old more than the adoptee.
If it is about the adoption of the child of the spouse, the difference in age required is not any more but 10 years.
a married person who wishes, only, to adopt a child, must obtain the assent of joint sound. For the separate husbands of body, the assent is not necessary.
the boyfriends or of pacsés cannot adopt a child together, but individually it is possible, including for the homosexual ones.

Unfolding

Three cases:

procedure of plenary adoption:

a preliminary phase, placement of the child for the adoption then a legal phase in front of the Court of Bankruptcy. It is what completely compares the adoptee to a biological child. The plenary adoption causes a rupture of bond between the family of origin and the adoptive child. It compares this last to a legitimate child (Filiation legitimates) in the adoptive family (articles 343 and following of the Civil code French).

simple procedure of adoption:

it is done via a lawyer who addresses a request to the Court of Bankruptcy of the place of residence. What makes it possible to transmit its name and its goods to a person (not necessarily minor) without breaking her bonds with its biological family.

procedure of international adoption:

to obtain General advice of his department the delivery of an approval. Approval is obtained after a social and psychological investigation (in theory in the 9 months following the request).

The children adoptive in France come mainly from China, of the Vietnam, the Eastern European countries (Russia…) or of Latin America.

In the case of the international adoption, adopting it sees itself entrusting a child of a foreign country; either by administrative decision, or by foreign judgment. If the decision is administrative, it is necessary to lodge an application for plenary adoption in France. If the decision is foreign, one needs is to introduce a exequatur judgment i.e. the foreign judgment is validated. Maybe if the adoption is considered simple to lodge an application for French plenary adoption. One can be satisfied with the foreign simple adoption since it takes effect in France, but the newborn will not remain nationality of his country of origin. With the plenary adoption the child acquires the nationality of his parents of adoption. And this in a retroactive way, i.e. it becomes if his parents his French, French of birth and not at the date of the judgment. In the simple adoption one will need a exequatur simple adoption as well as a request for naturalization so that the child becomes French.

Procedure in Switzerland

The procedure in Suisse starts with a request with the police force from abroad for an authorization to make come to Switzerland a child for adoption. The request must specify the country from which will come the adoptive child. The police force from abroad then delegates the Service of the minors and the Tutelle S of the canton of residence, which delivers an favorable opinion or not. The candidates with the adoption déboutés can resort by way judiciare against the opinion of the Service of the minors and the supervisions. Provided with the authorization, the adoptive parents can begin their research. In general, an agency of adoption of the country of the child will place the child in the adoptive parents residing in Switzerland. According to the country, the parents can return with the child to Switzerland after the placement, or after the end of the procedure of adoption in the country of origin of the child. The authorization of the police force from abroad allow the adoptive parents to ask a visa for the child the Swiss consulate. Once returned, the child is, within the meaning of the Swiss law, " placed for adoption" in the family. A tutor is named: it is generally about the Social worker which had given the opinion concerning the capacity to be adopted of the family. The tutor follows the family during the " period of placement" , which lasts one year. According to the country of origin of the child, the tutor can have to send reports/ratios to the agency which placed the child.

Once the period of placement finished, the adoptive parents can ask the legal authority, l'" Guardian authority of surveillance" , to pronounce the plenary adoption of the child.

Procedure in Turkey

The Turkish office in charge of the religious affairs published in 2007 a document on the adoption specifying in particular that when couples are unfertile by natural way or artificial insemination, they have the right to adopt. But prohibited Islam to transmit its patronym to these children and to make them inherit. Moreover, starting from their marriage, they are not regarded any more as the children of the adoptive parents.

Costs of the adoption

The international adoption is an expensive procedure: it is necessary to envisage legal expenses in the home country and the country of origin of the child, more of travelling expenses. According to the countries and the situations, medical expenses not - covers by the insurances can contribute to the total costs. The order of magnitude of the costs of an adoption is seldom lower than several thousands of Euro S, and can exceed the 30.000 (Source: Adoptive Families, number 1/2006). The cost of an international adoption varies nevertheless much according to the country of origin of the child and the fact of adopting a child or a phratry.

Discrimination against the adoptive families

Particular case

When the person to be adopted does not reside in the same country that the adoptive parents, one speaks about international adoption. The international adoption represents the large majority of the adoptions in the developed countries. As example, in France, on the surroundings 5000 adoptive children each year, approximately 4000 come from abroad. In Switzerland, the proportion is of the same order, even if there are one year significant variations on the other.

Some figures

Broadly in the world, there are much more parents candidates with the adoption than children to be adopted. The statistics speak about an acceptable child for ten requests. This generates a paradoxical situation: for lack of administrative structure (social services, judges) and also sometimes of will to make adopt the children by foreigners, much of country have a great number of children in orphanage who could be adopted and are not it.

Some famous adoptees

According to the theologists, Holy Jean, in reference to New Testament: “Jesus seeing his mother and close to it the disciple whom he loved known as with his mother: " Woman here your fils" and he says to the disciple: " Here your mère". As from this hour, the disciple took it at his place. ” (Jn 19,27).
Auguste: first adoptive Roman Emperor and wire of Jules César; the adoption was common thing in ancient Rome. Constantin Ier, prohibiting the direct or indirect child murder by abandonment into 318, allowed into 331 those which raised abandoned children to adopt them legally. Funerary inscriptions proves the adoption of children “reported on” Christian families. (Of the orphanages were opened at the same time).
Bernard Cornwell: English novelist, author - enter others - series Sharpe
Tashunca-Uitco, known as Crazy-Horse: the winner of the battle of Little Big Horn
David Glasgow Farragut: admiral of the fleet of the Union during the American Civil War. Adoptee at the 2 years age, with died of his/her mother
Steven Jobs: cofounder of Apple, Inc.. Adoptee like baby by plenary adoption
Kiri You Kanawa: professional singer of opera, adopted like baby
Erich von Manstein: Generalfeldmarschall of Wehrmacht, war criminal. Born Lewinski, adopted by the general Georg von Manstein
Alain Pompidou, wire of the former president of the French Republic Georges Pompidou.

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