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Act No 1.470 of 17 June 2019 on adoption

06/01/2020

Did you know?

Statutory provisions on adoption have been changed as a result of the Government passing Act No 1.470 of 17 June 2019.

The Act seeks to give greater weight to three fundamental points:
-    Greater consideration to the child’s interests;
-    The importance of free and informed consent;
-    Suitability of the adoption with family life.

For this reason:
-    The Guardianship Judge now intervenes in the adoption procedure to order an inquiry into the child’s personality and family environment;
-    The adopted child may now be heard by the Guardianship Judge;
-    The child’s consent is now obtained from the age of 13, instead of 15.

Finally, the Act sought to modernise the rules on adoption, notably by:
-    Removing the term “legitimising” adoption, and replacing it by “full” adoption;
-    Removing the condition that there be no legitimate descendants in order for full adoption to be lawful;
-    Lowering the age of the adopter to 26 years from 30. 


More information

In addition to introducing measures to modernise the rules, inspired partly by French and Swiss law, Act No 1.470 marks an important step forward by enshrining in domestic law the right of children to know their parentage, as provided for by the New York Convention of 20 November 1989 on the Rights of the Child, which was made enforceable in the Principality by Sovereign Ordinance No 11.003 of 10 September 1993.

Information about the biological parentage of the adopted child, where it has been disclosed, is kept at the general registry office and may be disclosed to the adoptee themselves or to their legitimate, natural or adoptive descendants after their death.

Finally, the Act of 17 June 2019 significantly widened the inheritance rights of adopted children.

Authors

The picture of Christine Pasquier Ciulla
Christine Pasquier Ciulla
Avocat Associé | Partner
Monaco
The picture of Mona Guezguez
Mona Lagrange Guezguez
Middle Associate
Monaco