Chapter 11. Adoption
Art. 796.- Adoptive filiation.
(1) A bond of filiation may be created artificially by a contract of adoption between the adopter and the adopted child.
(2) The bonds of consanguinity or affinity resulting from adoption as regards the relations between the adopter and the family of the adopted child and between the adopted child and the family of the adopter are set forth in Chapter 1 of this Title.
Art. 797.- Age of adopter.
(1) Any person of age may adopt.
(2) Where an adoption is made by two spouses, it is sufficient that one of them be of age.
Art. 798.- Adoption by married person.
(1) Where the adopter is married, a contract of adoption ma not be made unless the two spouses conjointly adopt the adopted child.
(2) Te provisions of sub-art. (1) shall not apply where a person adopts the child of his spouse.
(3) Not shall it apply where one of the spouses is not in a position to manifest his will.
Art. 799.- Adoption of child merely conceived.
(1) A child merely conceived may be adopted.
(2) The adoption may, in such caser, be revoked unilaterally at the will of the mother, before or within three months following the birth of the child.
Art. 800.- Children of adopter.
The existence of children of the adopter shall not constitute an obstacle to adoption.
Art. 801.- Adoption by several persons.
(1) No person may be adopted by several persons unless these are tow spouses.
(2) However, in the case of death of the adopter, a new adoption is possible.
(3) Where a child has been adopted by two spouses and one of such spouses dies, the child may be adopted by the new spouses of the survivor.
Art. 802.- Parties to the contract.
(1) The contract of adoption shall be made between the adopter and the adopted child, if the latter is more than fifteen years of age.
(2) In other cases, it shall be made between the adopter and the guardian of the adopted child.
Art. 803. Consent of parents of adopted child.
(1) Both the father and the mother of the child must give their consent to the adoption where they are alive and known.
(2) Where one of them is dead, absent, unknown or incapable to manifest his will, he shall as far as is possible be represented by his nearest ascendants who shall give their consent to the adoption.
(3) Where child the child has no ascendant susceptible of giving his consent, the consent of the family council shall be required.
Art. 804.- Approval of adoption.
(1) The contract of adoption shall be of no effect unless it is approved by the court.
(2) Before making its decision, the court shall hear the adopted child him self, if he is over ten years of age, and the person to whose custody the adopted child is entrusted, if such person has not given beforehand his consent to the adoption.
Art. 805.- Conditions for approval.
Adoption may not take place unless there are good reasons for it and unless it offers advantages for the adopted child.
Art. 806.- Revocation of adoption.
Adoption may not be revoked for any reason.
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