How does the adoption procedure work?

Preliminary determination of suitability

In most cases, a procedure will first have to be gone through to assess whether the prospective adopter is socio-psychologically suitable to adopt someone. If there is already some connection with the child (you have lived together for some time or you are related up to the third degree), this social assessment will take place during the adoption procedure.

Application for adoption

The procedure is initiated with a unilateral application for adoption. This states, among other things, whether it is a full or regular adoption, as well as the reasons for it. This application must be filed at the registry of the family court, signed by the prospective adopter or his lawyer. If the judgment of suitability has been obtained beforehand, the petition must be filed before the expiry of the period of validity of this judgment (article 1231-3 of the Judicial Code).

In principle, the prospective adopter will have to file the petition himself. Nevertheless, in three cases the prosecution will be able to take the initiative itself. This is the case when someone who was supposed to consent to the adoption has irresponsibly refused his consent (art. 1231-24 Ger.W.). In two cases, the OM even has a monopoly which prevents the prospective adopter from making a request. This is so if there are very serious reasons requiring a new adoption, either by a stranger or by the adopter's new spouse or new partner.

Morality review by the Prosecution

The registry will then, within eight days, transfer your application to the Public Prosecutor's Office. Among other things, the Public Prosecutor will consult your criminal record and obtain any useful information related to the adoption. Thus, it will seek the opinion of the parent(s) of the adoptee, of the person who took care of the child, of the adoptee's children, of the persons who had to give their consent and refused it (art. 1231-5 Judicial Code). 

The prosecution will draw its conclusions from this and return its opinion with the information gathered to the registrar. This should be done within two months of receiving the petition (art. 1231-7, 1st paragraph Judicial Code).

After collecting the required documents and information, the prospective adoptee and the adoptee who must consent will receive, within three days, a letter summoning them to take cognisance thereof (art. 1231-8 Judicial Code). 

Handling of your application at the family court hearing

You will then be invited to a hearing at which your request will be considered. The judge will hear several people at this hearing. Of course, the adopter(s) and the adoptee who is older than 12 will be heard. The adoptee who is older than 12 even possesses a right of veto. 

If the adoptee is under 12, there are two options: 

• either the preliminary examination shows that he can give his opinion and he is heard;
• or he is given 15 days to ask the family court to hear him. 

The child's opinion will be taken into account according to his age and maturity (art. 1231-10, 1st paragraph, 3° Ger.W.). The family judge will also have to hear other persons, such as the persons who have given an unfavourable opinion or persons who must consent to the adoption. 

In order not to make hasty decisions, the family court will rule at the earliest six months after the application, unless the adoptee has already been raised by the adopter(s) for more than six months (art. 1231-13 Ger.W.). In the case of a regular adoption of an adult, this deadline does not apply.

The judgment containing the adoption

If everything goes normally, the family court judge will pronounce the adoption in a judgment. Next, the registrar will draw up a deed of adoption. This completes the adoption procedure.