Adoption Following Parental Abandonment: Ensuring Child's Best Interests

Extract

[...] Despite its important place in the procedure for parental abandonment, we are witnessing a progressive disinterest in the involvement of the CESSEC. The reluctance of social workers to engage in the procedure for declaring parental abandonment can be attributed to several complex and interdependent factors. On the one hand, the procedure for declaring parental abandonment is a complex legal process that requires a deep understanding of family law and the specific conditions established by the law. Social workers may hesitate to engage in this procedure due to its complexity and the legal implications it entails. [...]

[...] The courts carefully examine whether, during this period, the parents voluntarily and knowingly abandoned their child, without being prevented by an external cause11. This duration allows to demonstrate that the abandonment is real and not the result of a temporary situation. It aims to exclude situations where parents may be temporarily prevented from taking care of their child due to exceptional circumstances. The durable nature is also characterized by the absence of significant efforts from the parents to re-establish ties with the child or to exercise their parental authority in an effective manner. [...]

[...] After adoption, a follow-up is necessary to ensure the child's integration into their new family and the continuity of their development. It is essential that the child benefits from adapted support to navigate this transition. The child's accompaniment after adoption is an important phase that requires particular attention to ensure a smooth transition to their new life. A regular follow-up is put in place to ensure that the child adapts well to their new family environment and that their needs are continuously met. [...]

[...] Janice Peyré highlights that family solutions such as sponsorship or temporary care may be more suitable for certain abandonment situations.39. If possible, the child can be placed with a member of the extended family or a close relative who can care for them. Structures like SOS Children's Villages provide a family and community framework for children without separating them from their biological siblings. Efforts can be made to support the biological family so that they can resume their parental responsibilities, if this is in the best interest of the child. [...]

[...] Peyré « The adopted child, land the right to recognition in respect of his history Enfances & Psy, 2005/4 (no 29). Rosenczveig Roméo « L'adoption: right of the child and not right to the child Verdier « From the child's interest to the child's rights Enfances & Psy, 2009/2 (n° 43). Vinay « La construction du lien social chez l'enfant adopté », in Enfances & Psy, 2006/3 (no 32). [...]