Kafala

General Introduction

Family (general concept)

Creating Family

The couple

Concubinage - Engagement

Civil unions ( PACS ) - Civil Marriage

Family Development

Parentage : legitimate , natural ,

Adoption: simple , plenary , International

Family Organization

Family Maintenance

Parental authority

Disintegration of the family

Divorce - Divorce Procedures

Separation / property

See also

Family Court Judge

Succession

Childbirth under X - IVG

Assisted reproductive technology

Matrimonial

Legal Portal Wiki

The adoption is an institution of family law by which a parent-child relationship is established between the adoptee and the adopter or adopters, who are not his biological parents. According to statutory, adoption may be simple, in which case some links exist between the adoptee and his biological family, or plenary, which has the effect of removing any pre-existing relationship with the latter, with the exception of generally prohibition of marriage. The positive law can know the two systems coexist, or only one or the other.

Much is international adoptions. To prevent illegal practices, especially child trafficking , an international agreement was concluded at The Hague on 29 May 1993.

Specific procedures for adoption by country

The procedure in European countries (general)

In European countries, most of the legislation on adoption is inherited from Roman law and was incorporated into canon law by Pope Nicolas I in ^the ninth century ^{The procedure in France}

Terms

The requirements for the application for adoption in France are:

• To adopt as a couple: being married for over two years if one spouse is younger than 28 years. If both spouses are over 28 years, the condition of two years of marriage no longer exists.
• Please take 28 years minimum.
• If this is the adoption of the child's spouse, the required age difference is ten years.
• A married person who wishes alone to adopt a child, must obtain the consent of his spouse. For the spouses separated, the consent is not required.
• Cohabitants or PACS can not adopt a child together, but individually it is possible, including homosexuals. If there is no ban, the adopter is married or single, and regardless of sex, there is not much right to demand the adoption of a child. Courts (French and European) agree that there is no right to adopt. Thus, the "right to a child" is a misnomer journalism.

History

The individual or couple must first obtain the general council of his department to issue an approval. The approval is obtained after a social inquiry and psychological. Must contact the County Council, serving the welfare of Children.

The deadline for obtaining such approval is normally 9 months but some departments take up to 20-22 months to deliver.

Three cases may arise:

• The procedure for full adoption:
  It includes a preliminary phase, the placement of the child for adoption and a judicial stage before the high court. That's what that equates to a fully adopted the biological child. Full adoption causes a break in the link between birth families and adopted children. She likens it to a legitimate child (classification extinct since 2005) in the adoptive family (articles 343 and following of the French Civil Code ).

• The procedure for adopting simple :
  It is done through an attorney who sent a petition to the High Court of the place of residence. This allows to transmit their name and assets to a person (not necessarily minor) without breaking its ties with her biological family.

• The procedure for adoption:
  Adopted children currently in France come mainly from Ethiopia , of Haiti , the countries of the East ( Russia , ..) or Latin America ( Colombia , ..).

In the case of international adoption, the adopter is given a child from a foreign country, or through an authorized agency for the adoption (AIO) or the French Agency adoption (AFA) or through an individual approach in the country of origin. Adoption can be an administrative decision or mostly foreign judgments. If the decision is administrative, it must apply for full adoption in France. If the decision is foreign, you must either bring an enforcement of judgments is to say that foreign judgments are validated. Or if the adoption is considered simple, it will apply for full adoption French.

It may simply adopting foreign simple as it produces its effects in France, but the child will not be of the nationality of their country of origin. With the full adoption the child acquires the nationality of his adoptive parents. And it retroactively, that is to say, it becomes so her parents are French, French by birth and not the date of trial. In simple adoption will require a simple enforcement of adoption and an application for naturalization for the child to become French.

Steps in the child's arrival

• When the adopted child is of French origin, the interlocutors are the welfare department of Children (ASE) as well as the body authorized for adoption (OAA), which accompany the process.

• When the child is of foreign origin should be referred to the General Council, the French Adoption Agency (AFA), or FAO, the copy of the decision of adoption or placement for adoption, or certificate of compliance (issued by the authorities of the country) and a copy of the passport of the child.

The adopting family must notify the General Council shall issue a health certificate for the child and proof of accommodation for its management by organizations social protection such as the Social Security , the Family Allowance Fund , the mutual funds or insurance.

During the early stages of family life, support and monitoring are in place and can be extended, particularly if there was a commitment of the adopting family to the country of origin of the child. These beginnings are closely watched by the country of origin.

When the child arrives, you are strongly advised to make an assessment of the health of the child.

The procedure in Switzerland

The procedure in Switzerland begins with a request to the police for a permit foreigners to come to Switzerland a child for adoption. The request must specify the country where will the adopted child. Alien Police Service then delegated minors and guardianship of the canton of residence, which makes a favorable opinion or not. The prospective adopters can use rejected by the courts against the advice of the Department of minors and guardianship. If authorized, the adoptive parents can begin their research. In general, an adoption agency in the country of the child will place the child with adoptive parents residing in Switzerland. Depending on the country, parents can go home with the child to Switzerland after the placement, or after the end of the adoption process in the country of origin of the child. The police permit foreign adoptive parents can request a visa for the child at the Swiss consulate. Once returned, the child is under Swiss law, "placed for adoption" in the family. A guardian is appointed, it is usually the social worker who opined about the ability to adopt the family. The tutor follows the family during the "investment period" which lasts one year. By country of origin of the child, the guardian may have to send reports to the agency that placed the child.

Once the investment period is complete, the adoptive parents may request the judicial authority, the "Authority guardianship monitoring," declare the full adoption of the child.

The procedure in Turkey

The Turkish Office for Religious Affairs in 2007 published a paper on the adoption stating in particular that when couples are infertile by natural or artificial insemination , they have the right to adopt ^{The procedure in some Muslim countries}

In most Muslim countries where Islamic law inspires, to one degree or another, the legal system, adoption does not exist as such (except in Turkey , Indonesia and Tunisia ^, ). Several alternative mechanisms exist, including in particular kafala (or "legal code" ). This has effects for the guardianship law, establishing a relationship type filial but without creating new kinship ties . The foster child is recognized as a legitimate child, except as regards descent and inheritance. It may take the name of her guardian (or kafil ). However, a foster child can receive a share of the inheritance according to the procedure tanzil .

The Convention on the Rights of the Child of 1989 recognizes the legal reach of kafala . However, the Hague Convention of 1993 does not recognize it, not taking into account that adoptions creating new kinship ties .

The procedure in Belgium

The terms of age and marital status required for the adoption application in Belgium (both for domestic adoption for international adoption) are:

Be at least 25 years old (18 years minimum in case of adoption of the child)

Be 15 years older than the adoptee (10 years older, in case of adoption of the child)

Be either:

• married couples of opposite sex or same sex

• Couple legal cohabitant of opposite sex or same sex, not related by kinship or marriage involving a prohibition of marriage

• a couple of cohabiting relationship for at least three years, sex or same sex, not related by kinship or marriage involving a prohibition of marriage

• one person

Have completed the preparation

Be deemed qualified and suitable to be adopted by the juvenile court

In some cases, foreign nationals must also eventually meet the criteria of their national law.

For international adoption:

Meet the criteria listed above under Belgian law

Meet certain requirements relating to legislation or the requirements of the country of origin of the child, including, in particular:

age of the adopter, the adoptee, and age difference between the two

civil status of adopters

health status of adopters

other criteria

In some cases, foreign nationals must also eventually meet the criteria of their national law.

International adoption

The adoption abroad or adoption, may pose problems of private international law. This represents the vast majority of adoptions in developed countries. For example, in France, on approximately 4,000 children adopted each year, about 3,000 are from abroad . In Switzerland, the proportion is similar, although there are significant variations from one year to another ^{Some figures}

Overall in the world, there are many more parents wishing to adopt children than to adopt ^{Some famous adopted}

• Jesus Christ has been designed according to the Gospels of the Holy Spirit in the womb of the Virgin Mary, and was adopted by Joseph "Bridegroom virginal" Mary. It was Joseph, father "legal", which gives him the name Jesus (Gospel of St. Matthew 1. 21).
• According to theologians, St. John , referring to the New Testament , Jesus saw his mother, and the disciple whom he loved told his mother: "Woman behold your son" and he said to the disciple, "Behold your mother. " From that hour the disciple took her home. "(Jn 19, 27) .
• Augustus : the first Roman Emperor and adopted son of Julius Caesar , the adoption was common in ancient Rome. Constantine I , prohibiting the direct or indirect infanticide abandonment 318, 331 to permit those who were raising children abandoned by the adopt legally. Funerary inscriptions prove the adoption of children "exposed" by Christian families. Orphanages were opened at the same time .
• Bernard Cornwell : English novelist, author of - among others - from the series Sharpe
• Tashunca-Uitco , said Crazy Horse: the winner of the Battle of Little Big Horn
• David Glasgow Farragut : Admiral of the Union fleet during the Civil War. Adopted at the age of two years, the death of his mother
• Steve Jobs : co-founder of Apple, Inc... Adopted as a baby by full adoption
• Kiri Te Kanawa : Opera singer, adopted as a baby
• Erich von Manstein : Generalfeldmarschall of the Wehrmacht, war criminal. Born Lewinski, adopted by his uncle, General Georg von Manstein
• Alain Pompidou , the son of former French president Georges Pompidou.
• Nicole Richie , daughter of singer Lionel Richie
• Largo Winch , a famous child adopted by Nerio Winch billionaire multinational Winch

References

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