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A “backdoor” adoption can be canceled, even nine years later!
Publié le null - Directorate for Legal and Administrative Information (Prime Minister)
Cancelation of an adoption is possible when it is made for a purpose other than the creation of a parent-child relationship. This was recalled by the Court of Cassation in its judgment of 13 June 2019.
On the occasion of the settlement of their father's estate, his children discover that they have to share the heritage with two other adult children, originally from Havana and adopted by their father.
They then appeal against the adoption judgment, stating that the purpose of this procedure was not to create a family relationship but to misuse the institution to reduce their share of inheritance.
In that case, the adopter knowingly concealed the existence of his children from his first union during the adoption procedure. He never raised the adoptees, whom he met when they were 22 years old and whom he welcomed into his marital home, without his wife's consent. He hijacked the institution to establish a romantic relationship with one of the adopted and reduce the inheritance share of his first children.
The Court of Cassation confirms, nine years after its pronouncement (and three years after the death of the adoptive parent), the annulment of the adoption.
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