Difference between revisions of "How to Adopt from France"

Latest revision as of 05:51, 1 November 2014

Mont Saint-Michel.
Source: Wikipedia.org.

WARNING: France is party to the Hague Adoption Convention. Do not adopt or obtain legal custody of a child in France before a U.S. consular officer issues an "Article 5 Letter." Read on for more information.

Adoption Authority

France's Central Authority

Since January 2009, the Central Authority for adoptions in France is the Ministry of Foreign and European Affairs.

The Process

Because France is party to the Hague Adoption Convention, adopting from France must follow a specific process designed to meet the Convention's requirements. A brief summary of the Convention adoption process is given below. You must complete these steps in the following order so that your adoption meets all necessary legal requirements.

NOTE: The information provided is intended primarily to assist in rare adoption cases from France, including adoptions of French children by relatives in the United States, as well as adoptions from third countries by Americans living in France.

1. Choose an Accredited Adoption Service Provider
2. Apply to be Found Eligible to Adopt
3. Be Matched with a Child
4. Apply for the Child to be Found Eligible for Immigration to the United States
5. Adopt the Child in France
6. Bring your Child Home

WARNING: France is party to the Hague Adoption Convention. Do not adopt or obtain legal custody of a child in France before a U.S. consular officer issues an "Article 5 Letter." Read on for more information.

Adoption Authority

France's Central Authority

Since January 2009, the Central Authority for adoptions in France is the Ministry of Foreign and European Affairs.

The Process

Because France is party to the Hague Adoption Convention, adopting from France must follow a specific process designed to meet the Convention's requirements. A brief summary of the Convention adoption process is given below. You must complete these steps in the following order so that your adoption meets all necessary legal requirements.

NOTE: The information provided is intended primarily to assist in rare adoption cases from France, including adoptions of French children by relatives in the United States, as well as adoptions from third countries by Americans living in France.

1. Choose an Accredited Adoption Service Provider
2. Apply to be Found Eligible to Adopt
3. Be Matched with a Child
4. Apply for the Child to be Found Eligible for Immigration to the United States
5. Adopt the Child in France
6. Bring your Child Home

1. Choose an Accredited Adoption Service Provider:

The first step in adopting a child from France is to select an adoption service provider in the United States that has been accredited. Only these agencies and attorneys can provide adoption services between the United States and France. We provide a list of Accredited Adoption Service Providers on our website.

2.Apply to be Found Eligible to Adopt:

After you choose an accredited adoption service provider, you apply to be found eligible to adopt (Form I-800A) by the U.S. Government, Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS). Eligibility Requirements.

Once the U.S. government determines that you are "eligible" and "suitable" to adopt, you or your agency will forward your information to the adoption authority in France. France's adoption authority will review your application to determine whether you are also eligible to adopt under France's law.

3.Be Matched with a Child:

If both the United States and France determine that you are eligible to adopt, and a child is available for intercountry adoption, the central adoption authority in France may provide you with a referral for a child. Each family must decide for itself whether or not it will be able to meet the needs of the particular child and provide a permanent family placement for the referred child.

4.Apply for the Child to be Found Eligible for Adoption:

After you accept a match with a child, you will apply to the U.S. Government, Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) for provisional approval to adopt that particular child (Form I-800). USCIS will determine whether the child is eligible under U.S. law to be adopted and enter the United States.

After this, your adoption service provider or you will submit a visa application to a Consular Officer at the U.S. Embassy in Paris. The Consular Officer will review the child's information and evaluate the child for possible visa ineligibilities. If the consular officer determines that the child appears eligible to immigrate to the United States, he or she will send a letter (an "Article 5 Letter") to the French Central Authority. Do not adopt or obtain custody of a child in France before a U.S. consular officer issues the Article 5 Letter.

Remember: The Consular Officer will make a final decision about the immigrant visa later in the adoption process.

5.Adopt the Child (or Gain Legal Custody) in France:

Remember: Before you adopt (or gain legal custody of) a child in France, you must have completed the above four steps. Only after completing these steps can you proceed to finalize the adoption or grant of custody for the purposes of adoption in France.

The process for finalizing the adoption (or gaining legal custody) in France generally includes the following:

• ROLE OF THE ADOPTION AUTHORITY: American citizens interested in or considering adopting a child in France should consult the website of the Agence Française de l'Adoption, provided in the section under "Contact Information."

• ROLE OF THE COURT: Prospective parents must file for adoption at the Tribunal de Grande Instance having jurisdiction over their place of residence. Although it is not mandatory, it is advisable to retain a lawyer. The court has six months to determine if the conditions for adoption have been respected and if the adoption is in the best interest of the child. Once adoption is granted, the prosecutor asks the city hall of the adoptee's place of birth to record the adoption. There is no indication of the biological parents.

• ROLE OF ADOPTION AGENCIES: In cases of domestic adoption, prospective parents deal directly with social services. Other adoption agencies specialize in international adoption.

• TIME FRAME: Intercountry adoption in France is a lengthy process, sometimes taking several years. The domestic adoption process takes about a year on average.

• ADOPTION APPLICATION: Necessary documents are generally prepared by an attorney.

• ADOPTION FEES: There are no "adoption fees" in France but adopting parents often hire an attorney to assist them with the administrative and legal proceedings.

• DOCUMENTS REQUIRED: American citizens interested in or considering adopting a child in France or bringing a child to be adopted elsewhere to reside with them in France should consult the French government internet site provide above under Adoption Authority in France for information concerning documentary requirements.

IMPORTANT VISA REQUIREMENTS IN ADOPTIONS FROM THIRD COUNTRIES: Americans who are legally resident in France but are considering adopting a child from a different country should first consult the country-specific information on adoption for that country. It is critical to remember, however, that in addition to meeting U.S. legal requirements, such children adopted from a third country must also have a French visa to enter and reside in France. Adopted children of a number of Americans have been denied entry into France because they did not have the appropriate French visas. Once in France, they will need to obtain a U.S. visa, if they choose to bring their child to the United States at a later time.

NOTE: Additional documents may be requested. If you are asked to provide proof that a document from the United States is authentic, we can help. Read more on Traveling Abroad to learn about Authenticating U.S. Documents.

6.Bring Your Child Home

Once your adoption is complete (or you have obtained legal custody of the child), there are a few more steps to take before you can head home. Specifically, you need to apply for three documents for your child before he or she can travel to the United States:

1. Birth Certificate

You will first need to apply for a new birth certificate for your child, so that you can later apply for a passport. Your name will be added to the new birth certificate. The city hall of the adoptee's place of birth will issue a birth certificate with the names of the adoptive parents.

2. French Passport

Your child is not yet a U.S. citizen, so he/she will need a travel document or Passport from France. You can request a passport for your child at the city hall in Paris (Mairies d'Arrondissement) or at the prefectures and sous-préfectures outside Paris.

3. U.S. Immigrant Visa

After you obtain the new birth certificate and passport for your child, you also need to apply for a U.S. visa from the United States Embassy for your child. After the adoption (or custody for purpose of adoption) is granted, visit the U.S. Embassy for final review and approval of the child's I-800 petition and to obtain a visa for the child. This immigrant visa allows your child to travel home with you. As part of this process, the Consular Officer must be provided the "Panel Physician's" medical report on the child. Read more about the Medical Examination.

To learn more about the Child Citizenship Act please read The Child Citizenship Act of 2000.

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