Getting a foreign adoption judgment recognised in France: the role of sworn translation

International adoption is a complex procedure involving many administrative and legal steps, both in the child’s country of origin and in the host country. In France, where an adoption judgment has been handed down abroad, it is essential to have that judgment recognised in order for it to have legal effect on French territory. One of the crucial steps in this process is the sworn translation of the foreign adoption order.

Adoption orders: an important legal act

The adoption order is a judicial decision that formalises the adoption process. In France, this judgment can be given in the context of a simple adoption or a full adoption. If the judgment concerns a child adopted abroad, the process becomes more complex. Each country has its own judicial and administrative procedures for adoption. When the judgment is rendered abroad, it must be recognised in France to be fully effective.

Recognition of adoption orders in France

In order to have a foreign adoption judgment recognised in France, it is necessary to comply with several legal and administrative requirements. According to article 370-5 of the French Civil Code, two procedures can be considered:

1. The exequatur procedure: It allows a foreign judgment to be enforced in France, including adoption judgments. The competent court is that of the adopters' place of residence or, failing that, that of Paris. This procedure is essential to ensure that adoption respects French public policy and the rules on adoption.

2. Inscription in the French civil registry: In some cases, the foreign adoption order can be directly transcribed in the French civil registry at the Central Civil Registry Office in Nantes, which is responsible for civil status acts concerning French nationals abroad, especially when the adoption was pronounced in a country with which France has signed a bilateral agreement.

In both cases, the sworn translation of the adoption judgment is an essential step, as foreign documents must be presented in French to be accepted by the French authorities.

The role of sworn translation

Sworn translation plays a key role in the recognition of a foreign adoption judgment in France. Here's why:

1. Legal requirement
Any document written in a foreign language and submitted to a French authority must be translated into French. This requirement applies in particular to foreign adoption orders, which are often written in the language of the child’s country of origin. However, for this translation to be valid and accepted by the French courts or the French administration, it must be carried out by a sworn translator. A sworn translator is a translator approved by a French court of appeal, who is authorised to provide an official certified translation. The "sworn translation", also called "certified translation" in France, has the same legal value as the original document.

2. Guarantee of accuracy
The certified translation ensures that the content of the foreign adoption order is accurately transcribed in French. This is essential to avoid any misunderstanding or misinterpretation upon assessment of the document by the French authorities. An error in translation could jeopardise the recognition of the judgment or delay the proceedings.

3. International recognition

When sworn translation is carried out by an accredited translator in France, it is recognised by the French authorities, but it can also be accepted in other countries, according to the international conventions in effect. This recognition is particularly important in multi-jurisdictional proceedings, particularly when adoption involves more than one country.

The steps to obtain a sworn translation

In order to translate a foreign adoption judgment, it is recommended to follow these steps:

1. Contact a sworn translator: You can obtain a list of sworn translators from the court of appeal in your region or via online directories. It is important to check that the translator is sworn in in the language in question. As an agency specialised in sworn translation, we guarantee that our translators are all sworn before an appeal court in France.

2. Prepare the documents for translation: The foreign adoption order, as well as any other necessary documents (birth certificates, identity documents, etc.), must be provided to the sworn translator in order to translate them in full. The French courts do not accept partial translations as they need to examine the full judgment.

3. Request a certified translation: Once the sworn translator has finalised the translation into French, the translation is then stamped and signed, guaranteeing its authenticity. The certified translation (therefore “certified as true to the original”) also includes the date and the unique translation number (“NE VARIETUR” number). You can then submit this certified translation provided by a sworn translator to the competent authorities for the recognition procedure.

Other documents requiring sworn translation for an adoption

Other documents requiring sworn translation for an adoption

In addition to the adoption order, other documents may be submitted for sworn translation, including:

- The birth certificate of the adopted child;
- Certificates of consent to adoption of the biological parents, if applicable;
- Marriage certificates or civil status documents of adoptive parents if they are in a foreign language.

Why entrust ACS Translation with your certified translation?

Our agency was founded by Ms Anke Seyberth who is a sworn translator with the Court of Appeal of Nîmes. We are therefore fully aware of the requirements of the judicial authorities and their tight deadlines and can accommodate any request. In addition, our agency also collaborates with sworn translators in around twenty languages. Do not hesitate to contact us for a quote.

Conclusion

Getting a foreign adoption judgment recognised in France is an essential step for the adoption to be legally valid on French territory. The certified translation of the adoption judgment by a sworn translator is a crucial step in this procedure, guaranteeing the faithfulness and accuracy of the judgment for the French authorities. It is therefore essential to ensure that the translation is carried out by an approved translator, in order to carry out this complex but essential process.