Legal Question in Family Law in France

French child in DSS custody

My husband & I have been fostering a French citizen child, 22 mos, in the US for 16 mos.The french grandparents, who are non-involved are now trying to get custody.The mother of the child was also 1 of our foster children and wanted to give the child up for adoption.After several suicide attempts and 12mos in a mental health institution, she figured out that if she decided to live with her father in France she could leave the hospital.Her father told her she needed to bring the child with her. The last court date at the December 7.The judge ruled that the mother may leave to go to France, but her child is to remain in the US.The judge recommended that she stay in the US to teach her child french and that the grandparents would start becoming active, leaving the child with an easy transition if he ruled so the next time. The next court date is February 22. The mother decided to leave with her father to France and since then we have had two 30 sec. phone converstations. The judet also ruled that we, the foster parents, my bring a lawyer to the next hearing. Our question is:Is there a treaty or a law between countries that allows a foreign child to be adopted by US parents? We have been told it will be impossible. please help


Asked on 1/04/05, 7:44 pm

1 Answer from Attorneys
Ronald Sokol Sokol Law Offices

Re: French child in DSS custody

There is no bilateral adoption treaty between France and the U.S. But in any event I do not see how you can adopt the child if the child's mother objects, unless the mother is judged by a court to be unfit. Nothing prevents a US citizen from adopting a foreign child if all the adoption requirements in the state of adoption are met and, for the adoption to be recognized elsewhere, in the country of the adoptee child as well. What state are you in?

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Answered on 1/05/05, 1:25 pm


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