How do I obtain a suitability judgment?

Procedure for establishing suitability

The determination of suitability is instituted by unilateral petition to the family court. This petition must be accompanied by two documents, namely (art. 1231-1/2 Ger.W.):

• the original or certified copy of the documents required for the examination of the application (listed in art. 1231-1/3 Judicial Code);
• the certificate showing that the preparation organised by the authorised community was followed (in accordance with art. 346-2 old Civil Code).

Within 30 days of filing the application, the family court will order a social investigation. This social investigation will verify the suitability of the prospective adopter. A report of this investigation will also be drawn up and filed with the registry. This report is then communicated to the public prosecutor (art. 1231-1/4 of the Judicial Code).

In addition to the social investigation, the public prosecutor's office will also conduct a morality investigation, more specifically, they will consult the criminal record of the candidate adopter. A written opinion will be drawn up from this, which will be filed in the case file eight days before the hearing (art. 1231-1/5 Judicial Code).

Within 3 days of the filing of the report of the social investigation, the candidate-adoptee is summoned to (art. 1231-1/6 Judicial Code):

• on the one hand, to take note of this report; one has 15 days to do so;
• on the other hand, to appear in person before the court, within the month following the expiry of the fifteen-day period.

The family court will then rule on the suitability of the prospective adopter to proceed to adoption. This judgment will be reasoned. If the judgment is positive, it will state how many children the prospective adopter can adopt, as well as any restrictions on suitability. The judgment may only be used in single proceedings for the adoption of one or more children. This judgment is valid for four years (art. 1231-1/7 Judicial Code), but may be extended (in accordance with the procedure in art. 1231-1/9 to -1/14 Judicial Code).

Within three days from the date on which the judgment has become final, a copy of it shall be delivered by the Registrar to the federal central authority. If, according to the judgment, the prospective adopter is suitable to adopt, the registrar shall provide him with a copy of the written opinion of the public prosecutor's office (art. 1231-1/8 Judicial Code). 

Exceptions

Normally, to obtain the suitability judgment, this procedure is done prior to the adoption procedure. However, in certain cases, suitability is assessed during the adoption procedure itself. This is the case, for example, when the prospective adopter wishes to adopt a child (Art. 346-1/1, 2nd - 3rd paragraph old Civil Code):

• that is related to him, his spouse, the person with whom he lives or his former partner (even deceased), up to the third degree;
• with whom he shared daily life;

With whom he has an enduring social and affective bond.