Adoption of the minor child of the spouse, partner of Civil partnerships or partner

Verified 01 January 2023 - Directorate for Legal and Administrative Information (Prime Minister)

If you live as a couple with the father or mother of a child, you can adopt this minor under certain conditions. The proceedings take place before the court of law. It is the adoptive parent who must apply for adoption. We present you with the information you need to know.

Simple adoption differs from plenary adoption on several points. In the case of simple adoption, the links with the family of origin are maintained. In the case of adoption by the plenaryYes, there's a total failure the adopted person's ties to his or her family of origin.

Simple

You must meet the following 2 conditions:

  • Being married, bound by a Civil partnership, or in a cohabitation with the child's parent
  • Have at least 10 years older than the child
    If there are just reasons, the court may order adoption where the age difference is less than 10 years (neglected minor by the father and raised by the father-in-law, for example).

Simple adoption of the child of your spouse, Civil partnership partner or cohabiting partner concerns the following 2 situations:

  • The minor has an established filiation with respect to his or her two parents and the person with whom your spouse, partner or partner has had the child gives his or her consent to the adoption
  • The minor has been the subject of a simple or full adoption by your spouse, partner or partner

There is no age requirement for the adopted child.

Who shall I contact

FYI  

a minor already adopted by a single person in the single or full format may be adopted by the spouse, partner of Civil partnerships or cohabiting partner in the single format.

Your spouse, Civil partnership partner or cohabiting partner as parent of the child must give its consent to adoption before a notary establishing a authentic instrument.

If the child is over 13 years of age, he must give his consent in front of a notary, which establishes an authentic instrument. If it is unable to consent, the court must seek the opinion of a ad hoc administrator.

Who shall I contact

Your spouse, Civil partnership partner or cohabiting partner may withdraw consent for a period of two-month period. At the end of that period, the procedure for adoption may be initiated.

The other biological parent, who has recognized the minor, must also give his or her consent to the adoption before a notary.

You address your request on free paper or using the form at public prosecutor.

Application for simple adoption of the child of the spouse, partner or common-law partner

The request must be filed or sent by simple or registered letter with acknowledgement of receipt to the court of your residence.

Who shall I contact

You can apply for adoption without recourse to a lawyer if the person you are seeking adoption has been taken from your home before he turned 15.

The use of a attorney is required if the adopted person has been received after 15 years.

If you don't have enough resources, you can legal aid.

If you already have one or more children, you must attach your application the opinion of your adult children with regard to the draft adoption, adoption creating a parent-child relationship.

If your children are minors, you must specify their age and the relationship with the adopted child.

You must also certify on honor that the adoption requested is not likely to jeopardize family life.

After examination, the judge will notify his decision.

In case of refusal, you can challenge the decision before the court of appeal, in a 15-day period.

Who shall I contact

FYI  

the death of the adopter after the filing of the application does not relinquish the jurisdiction of the court.

The decision pronouncing simple adoption shall be mentioned in the margin of the adopted person's birth certificate. Such registration shall take place at the request of the Public Prosecutor, within 15 days of the date on which the decision was taken by force of res judicata.

Where the adopted person was born abroad, the decision shall be entered in the registers of the Central Civil Registry Office of the Ministry of Foreign Affairs.

Simple adoption created a parent-child relationship which gives the adopted child rights and duties in his new family, while maintaining ties to his family of origin.

Parental authority

Warning  

the biological parent, who is not the spouse of the adopter and consents to the adoption, loses the exercise of parental authority.

You are holder of parental authority with your spouse, Civil partnership partner or cohabiting partner, but the latter alone keeps the exercise.

However, you can exercise joint parental authority if you file a joint statement to the Registrar of the Court of Justice.

Maintenance obligation

You owe food to the adopted and vice versa.

Surname and first name

The name of the adoptive parents is added to the name of the adoptee or replace it. However, on a decision of the judge, the adopted person may preserve its original name.

If the child has over 13 yearsThen he has to agree.

You can ask the judge for a name change of the adopted. If the child is over 13 years of age, he must give his consent.

Nationality

Simple adoption does not allow the adopted person to acquire French nationality automatically. The adopted person who has been the subject of a simple adoption by a Frenchman must apply for it by making an application for naturalization.

Succession

The adoptee inherits the 2 families (biological parents and adoptive parents).

However, it is not heir in title to her adoptive grandparents (they may disinherit it).

Revocation

A simple adoption may be revoked by a judge for serious grounds (e.g. violence) at the request of the public prosecutor

Revocation shall cease all the effects of adoption for the future, with the exception of the amendment of the forenames.

plenary session

Plenary adoption creates a new link with the adoptive family.

Adoption by the plenary of the child of your spouse, Civil partnership partner or cohabiting partner is possible in the following situations:

  • Your spouse, Civil partnership partner or cohabiting partner is the only parentand entered on the child's birth certificate
  • The other parent of the child was removed parental authority
  • The child's other parent is deceased and the parents of the deceased have themselves died or have manifestly disinterested in the child
  • The child has already been adopted by your spouse, partner of Civil partnerships or cohabiting partner in full and has no established filiation other than in respect of him
  • Your spouse, Civil partnership partner or cohabiting partner is deceased and the child had previously been adopted in plenary form by the latter.

You must meet the following 2 conditions:

  • Being married, bound by a Civil partnership, or in common-law relationship with the child's parent
  • Have at least 10 years older than the child
    If there are just reasons, the court may order adoption where the age difference is less than 10 years (neglected minor by the father and raised by the father-in-law, for example).

Consent of spouse, Civil partnership partner or common-law partner

Your spouse, Civil partnership partner or partner must give their consent to adoption before a notary establishing a authentic instrument.

Who shall I contact

Your spouse, Civil partnership partner or cohabiting partner may withdraw consent for a period of two-month period.

At the end of that period, the procedure for adoption may be initiated.

Consent of the child

If the child is over 13 years of age, he must give his agreement before a notary or in front of French diplomatic or consular officials, if you live abroad. If it is unable to consent, the court must seek the opinion of a ad hoc administrator.

Who shall I contact

You must present your request on free paper or using the cerfa au form public prosecutor.

Application for full adoption of the child of the spouse, partner or cohabiting partner

The request must be filed or sent by simple or registered letter with acknowledgement of receipt to the court of your place of residence.

Who shall I contact

You can apply for adoption without recourse to a lawyer if the person you are seeking adoption has been taken from your home before he turned 15.

The use of a lawyer is mandatory if the adopted child has been admitted after 15 years.

If you don't have enough resources, you can legal aid.

If you already have one or more children, you must attach your application the opinion of your adult children with regard to the draft adoption, adoption creating a parent-child relationship.

If your children are minors, you must specify their age and the relationship with the adopted child.

You must also certify on honor that the adoption requested is not likely to jeopardize family life.

After examination, the judge will notify his decision.

In case of refusal, you can challenge the decision before the court of appeal in a 15-day period.

Who shall I contact

FYI  

the death of the adopter after the filing of the application does not terminate the procedure in court.

The decision pronouncing full adoption shall be recorded in the civil registration records of the adopted person's place of birth. It shall take place at the request of the Public Prosecutor within 15 days of the date on which the decision was made in force of res judicata.

Adoption creates a link of parentage between the adopted and you.

Parental authority

The relationship of filiation remains with your Civil partnership, partner or cohabiting partner, parent of the child.

You exercise joint parental authority with the person you're in a relationship with.

Maintenance obligation

You owe food to the adopted and vice versa.

Surname and first name

You and your spouse, Civil partnership partner or cohabiting partner choose by joint declaration on child's name. This statement must be attached to your motion for adoption.

You can choose between 3 options following:

  • Either the name of the adopter
  • Either the name of your Civil partnership, partner or partner
  • Either your 2 names side by side in the order you choose

Joint declaration of choice of surname

If you don't make a choice, the child will have a name made up of your name and that of your Civil partnership, partner or partner. If you already have a common child, the adopted child takes the same name.

You can ask the judge to change the first name of the adopted child. If the child has over 13 yearsThen he has to agree.

Nationality

A child adopted during his or her minority becomes automatically french as soon as you (the adopter) are of French nationality. He is considered French from birth.

Succession

The adopted child inherits from adoptive parent. He is heir in title.

They also inherit from your Civil partnership, partner or partner and their family.

Revocation

The plenary adoption is irrevocable.

Who can help me?

Find who can answer your questions in your region

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