INTERCOUNTRY ADOPTION


FRANCE AND MONACO

May 2006

DISCLAIMER:  The following is intended as a very general guide to assist U.S. citizens who plan to adopt a child from a foreign country and apply for an immigrant visa for the child to come to the United States. Two sets of laws are particularly relevant: 1) the laws of the child’s country of birth govern all activity in that country including the adoptability of individual children as well as the adoption of children in country in general; and 2) U.S. Federal immigration law governs the immigration of the child to the United States.

The information in this flyer relating to the legal requirements of specific foreign countries is based on public sources and our current understanding. It does not necessarily reflect the actual state of the laws of a child’s country of birth and is provided for general information only. Moreover, U.S. immigration law, including regulations and interpretation, changes from time to time. This flyer reflects our current understanding of the law as of this date and is not legally authoritative. Questions involving foreign and U.S. immigration laws and legal interpretation should be addressed respectively to qualified foreign or U.S. legal counsel.

PLEASE NOTE: The number of children available for adoption in France is small, and French couples who wish to adopt them are given priority over persons of other nationalities.  Most go overseas to adopt.

PATTERNS OF IMMIGRATION OF ADOPTED ORPHANS TO THE U.S.:
Recent U.S. immigrant visa statistics indicate no immigrant visas have been issued to French orphans in the last five fiscal years.

ADOPTION AUTHORITY IN FRANCE:

The government office responsible for adoptions is the "Direction de l'Action Sociale, de l'Enfance et de la Santé," and each French department (local jurisdiction roughly equivalent to a U.S. state) has its own office and specific address. Residents of Paris must write, preferably in French, for information to the:

Direction de l'Action Sociale, de l'Enfance et de la Santé
Sous-Direction des Actions Familiales et Educatives,
Bureau des Adoptions,
94-96 Quai de la Rapée,
75570 Paris Cedex 12,
tel.: 01-43-47-75-42.

Americans residing elsewhere in France should consult the following French government internet site: http://www.france.diplomatie.fr/MAI , under the heading “Adresses utiles” for the address of the “Aide Sociale à l'enfance” office for the department in which they live.   The web site is in French.

French nationals and foreigners residing in France wishing to adopt a child from another country must apply to the Mission de l’Adoption Internationale at French Ministry of Foreign Affairs. Americans residing in France who travel to pick up a child adopted from third countries will need to obtain a French visa for the child in order to take the child back to France.  Once in France, a U.S. visa, if they choose to immigrate their child to the U.S. at a later time. Adopted children of a number of Americans have been denied entry into France because they did not have the appropriate French visas.

ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS:
For domestic and intercountry adoptions, a couple must be married for a minimum of two years or if married less than two years, both spouses are at least 28 years old. A single person can adopt provided he/she is at least 28 years old; however,  in practice, it is very difficult to get approval). There is no age limit if one of the spouses wishes to adopt the other spouse's child. There is no age maximum. Adopting parents must be at least 15 years older than the child they want to adopt (10 years in the case of the other spouse's child).


RESIDENCY REQUIREMENTS:
A foreigner who resides outside of France, and wishes to complete an intercountry adoption of a child residing in France, does not need to establish residency in France. A foreigner who wishes to adopt a child, whether in France or elsewhere, for the purpose of residing in France with the child, must be a permanent resident of France.

TIME FRAME:
Intercountry adoption in France is a lengthy process. The process takes at least a year, sometimes several years.

ADOPTION AGENCIES AND ATTORNEYS:

Addresses of adoption facilitators can also be obtained from the government agencies also listed on the site http://www.france.diplomatie.fr/MAI. The U.S. Embassy   in France also maintains a list of numerous attorneys practicing in France. http://france.usembassy.gov/consul/acs/guide/Attorneys.pdf

Prospective adoptive parents are advised to fully research any adoption agency or facilitator they plan to use for adoption services.  For U.S.-based agencies, it is suggested that prospective adoptive parents contact the Better Business Bureau and/or the licensing office of the appropriate state government agency in the U.S. state where the agency is located or licensed.  Please see Important Notice Regarding Adoption Agents and Facilitators at the Department of State Bureau of Consular Affairs web site travel.state.gov.

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

ADOPTION PROCEDURES: American citizens interested in or considering adopting a child in France should consult the French government internet site provided above.   Americans who are legally resident in France but are considering adopting a child from a different country should first consult the adoption flyer for that country. http://www.travel.state.gov/family/adoption/country/country_369.html  It is critical to remember, however, that in addition to meeting U.S. legal requirements, such children will also have to have a French visa to enter and reside in France.

DOCUMENTS REQUIRED FOR ADOPTION IN FRANCE:
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.

AUTHENTICATING U.S. DOCUMENTS TO BE USED ABROAD:   The language describing the process of authenticating U.S. documents to be used abroad is currently under review. Please click on the following link for more information until the new language is finalized: http://www.state.gov/m/a/auth/.

FRENCH EMBASSY AND CONSULATES IN THE UNITED STATES:

4101 Reservoir Road, NW
Washington, DC 20007
Telephone: (202) 944-6000
Fax: (202) 944-6166
http://www.info-france-usa.org/

France also has Consulates General in Atlanta, Boston, Chicago, Houston, Los Angeles, Miami, New Orleans, New York and San Francisco.

U.S. IMMIGRATION REQUIREMENTS

Prospective adopting parents are strongly encouraged to consult USCIS publication M-249, The Immigration of Adopted and Prospective Adopting Children, as well as the Department of State publication, International Adoptions. The USCIS publication is available at the USCIS Web site. The Department of State publication International Adoption can be found on the Bureau of Consular Affairs Web site, travel.state.gov, under “International Adoption.”

Before completing an adoption abroad, prospective adoptive parents are strongly encouraged to read the requirements for filing Form I-600 Petition to Classify Orphan as an Immediate Relative.  Please see the flyer “How Can Adopted Children Come to the United States” at the Department of State Bureau of Consular Affairs Web site travel.state.gov.

U.S. EMBASSY IN PARIS, FRANCE: Americans living or traveling abroad are encouraged to register with the nearest U.S. Embassy or Consulate through the State Department’s travel registration website, https://travelregistration.state.gov/, and to obtain updated information on travel and security within the country of travel.  Americans without Internet access may register directly with the nearest U.S. Embassy or Consulate.  By registering, American citizens make it easier for the Embassy or Consulate to contact them in case of emergency.  The Consular Section is located at:

2 Rue St. Florentin, 75001
Paris
Tel: 011-33-1-43-12-22-22 or (in France) 01-43-12-22-22
Fax: 011-33-1-42-61-61-40
http://france.usembassy.gov/

APPLYING FOR A VISA AT THE U.S. EMBASSY IN PARIS, FRANCE: 
 U.S. citizens residing in France who have adopted children from third countries and who have not obtained a U.S. immigrant visa for their child in his or her country of origin,   should contact the U.S. Embassy in Paris for information on how to apply for an immigrant visa on their child's behalf.

ACQUIRING U.S. CITIZENSHIP: The language describing the acquisition of U.S. citizenship for adopted children is currently under review. Until the new language is finalized, please click on the following link for further information: http://travel.state.gov/family/adoption/info/info_457.html.

ADDITIONAL INFORMATION: Specific questions about adoption in France may be addressed to the U.S. Embassy in Paris. Questions about adopting in other countries should be directed to the U.S. Embassies in those countries.  General questions regarding intercountry adoption may be addressed to the Office of Children’s Issues, U.S. Department of State, CA/OCS/CI, SA-29, 4th Floor, 2201 C Street, NW, Washington, D.C. 20520-4818, toll-free Tel: 1-888-407-4747.

Useful information is also available from several other sources:

Telephone:

  • Toll Free - For information on intercountry adoption and international parental child abduction, call Overseas Citizens Services at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Standard Time, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444.
  • U.S. Department of State Visa Office - recorded information concerning immigrant visas for adopting children, (202) 663-1225.
  • U.S. Citizenship and Immigration Services - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).

Internet :

  • Adoption Information Flyers: The U.S. Department of State, Bureau of Consular Affairs web site at: http://travel.state.gov/ contains intercountry adoption information flyers like this one and the International Adoptions brochure.
  • Country Specific Information: The State Department has general information about hiring a foreign attorney and authenticating documents that may supplement the country-specific information provided in this flyer. In addition, the State Department publishes Country Specific Information for every country in the world, providing information such as location of the U.S. Embassy, health conditions, political situations, and crime reports. If the situation in a country poses a specific threat to the safety and security of American citizens that is not addressed in the CSI for that country, the State Department may issue a Travel Alert alerting U.S. citizens to local security situations. If conditions in a country are sufficiently serious, the State Department may issue a Travel Warning recommending that U.S. citizens avoid traveling to that country. These documents are available on the Internet at: http://travel.state.gov/ or by calling the State Department's Office of Overseas Citizen Services Toll Free at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444.
  • USCIS web site - http://uscis.gov/.