Monaco: Adoption regulation

By Act No.1.470 of 17 June 2019, the Principality of Monaco amended the provisions of the Civil Code relating to adoption.

While this text first reaffirms the fundamental principle that adoption must be justified in the interest of the adopted person, it modernizes the provisions of the Civil Code, in particular by simplifying judicial procedures,by way of inspiration from the Swiss and French law in this area.

This inspiration is semantically reflected in the text, which substitutes the term "legitimizing" adoption with "full" adoption.

However, there is no change in the consequences of an adoption. As in the past, the so-called full adoption will allow the establishment of a new filiation in substitution to the original one  and, with simple adoption, the adopted person will keep his original filiation.

Originally mentioned, the text finally abandoned the idea that a single person could proceed with full adoption. It seems that Monegasque law remains attached to the family in its traditional sense, i.e. based on marriage.

On the other hand, whether full  or simple, the minimum age for the adopter to be able to request an adoption has been lowered to 26 years (before 30 years).

This new law also marks an important step forward by dictating in domestic law the right of access to its origins as provided for in the New York Convention of 20 November 1989 on the Rights of the Child.

For more information please contact Nicolas Trucco