Article 21-12 of the French Civil Code, as amended by the Law of March 14, 2016. It outlines the conditions under which a minor child can claim French nationality through a declaration. Let’s break down each part:
General Case (Simple Adoption by a French National):
- An individual who has been adopted through a simple adoption by a French national can declare that they claim French nationality.
- This declaration must be made before the child reaches the age of majority (18 years old in France).
- The declaration must follow the procedures outlined in Articles 26 and subsequent articles of the Civil Code (these articles likely detail the administrative process for such declarations).
- Crucially, at the time of the declaration, the child must reside in France.
Exception to the Residency Requirement:
- The residency requirement in France is waived if the child was adopted by a French national who does not have their habitual residence in France.
Other Cases Allowing a Claim for French Nationality (Same Conditions as Above – i.e., Declaration Before Majority):
- Child Raised Under Judicial Decision or by Child Welfare Services:
- A child who has been taken in by a French national based on a court decision (recueilli sur décision de justice) and raised by them for at least three years can claim French nationality.
- The same applies to a child who has been entrusted to the service de l’aide sociale à l’enfance (child welfare services) for at least three years.
- Child Raised and Educated in France:
- A child who has been taken in and raised in France (recueilli en France et élevé) can claim French nationality if they have received at least five years of French education.
- This education can be provided by a public institution or a private institution that meets specific criteria defined by a decree of the Council of State (décret en Conseil d’Etat).
In essence, Article 21-12 French Civil Code provides pathways to French nationality for minors who have a significant connection to France through adoption, legal guardianship by a French national, or a substantial period of education within the French system. The requirement of residency in France at the time of the declaration is generally in place, with a notable exception for children adopted by French nationals living abroad.
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