Intro au droit
1297 mots
6 pages
Belgian Civil Code, as amended by the law of 24 April 2003 reforming adoption (extracts)Belgian Official Journals of 16 May 2003 and 16 December 2005
General provision
Art. 343.
§ 1. For the purposes hereof:
a) an adoptive parent is understood to mean one person, spouses or a cohabiting couple;
b) a cohabiting couple is understood to mean two people legally registered as cohabiting or having lived together on an ongoing basis and having an emotional commitment for at least three years at the time they submit their adoption application, provided that they are not bound by a family relationship which prohibits marriage between them and for which an exemption cannot be granted by the King;
c) a child is understood to mean a person aged under eighteen.
(…)
Concerning the conditions of adoption
Art. 344-1.
All adoptions must be based on just grounds and, if the adoption concerns a child, it can only take place if it is in the child’s best interests and with respect for his or her fundamental rights as recognised in international law.
(…)
Art. 345.
The adoptive parent or parents must be aged at least twenty-five and be at least fifteen years older than the adopted child.
However, if the adopted child is a first degree descendant or an adopted child of the spouse or of the cohabitee, even if he or she is deceased, of the adoptive parent, it is sufficient for the latter to be aged eighteen and be ten years older than the adopted child.
These conditions must be met at the time the adoption application is submitted.
Art. 346-1.
If the adoptive parent or parents want to adopt a child they must be eligible and suited to adopt a child.
To be suited to adopt, the person must have the necessary socio-psychological qualities to do so.
Art. 346-2.
The person’s suitability shall be assessed by the Family Court Division on the basis of a social investigation ordered by it. The person or persons wanting to adopt a child must, prior