ABSTRACT

This chapter examines the distinctive features of the archetypal civil law jurisdiction that distinguish the legal aspects of the adoption process from its common law counterpart and to identify any related human rights implications. It overviews adoption principles and policy, with particular attention being given to the distinction between simple and plenary adoption and the role of the maternal right to anonymity. The chapter considers contemporary trends in the different types of adoption. It outlines the relevant legislative and regulatory frameworks as a prelude to assessing the interaction between human rights and adoption law at each stage of the adoption process and concludes with a summary of the main areas of concern. The traditional characteristics continue to play a prominent role in shaping contemporary adoption law and policy in France. The consensually based and judicial nature of the French adoption process has some characteristics that distinguish it from that of other jurisdictions–but also bring it into conflict with human rights.