Abstract EN:

The judicial notification of abandonment is a procedure that is still recent in our law. It was laid down by the law of the eleventh of july 1966. It is intended to compensate for the absence of volontary notification of father and mother who abandon their child. The analysis of the individual and family context has allowed us to know better the children declared judicially abandoned. The enforcement of the article 350 ot the civil code depends on the assessment of the high courts, we thought it interesting to sum up the jurisprudence related to the conditions of substance (overt, intentionnal disinterest, duration of abandonment etc) and of form (procedure, delays, recourse to legal proceedings) of the judicial notification of abandonment in favouring that of the courts in the west. The future of the children declared judicially abandoned has not been evaded. These children are often advanced in years when they are adopted. So the adoptive parent must never forget that the very young child has already a past and that, often, he belongs to a group of siblings. When the children declared judicially abandoned are not adopted (age, handicap, various troubles) fostering is also a satisfactory solution. But this should be the subject of a law.