Adoption of a major by a couple

The adoption of an adult may be requested by the following couples:

• Married couple not separated from body
• Partners bound by a civil pact of solidarity (Civil partnerships)
• Concubines

You must every two are 15 years older than the adopted.

The adoption of a major is done by adoption simple. The filiation link with the original family is not broken and coexists with the new link created with the adoptive family.

Adoption by the plenary of a middle finger is possible until he turns 21 if you are in any of the following situations:

• You took him in when he was under 15 and you did not meet the conditions to adopt him
• You adopted it in simple form when he was under 15.

The adopted must give his consent to adoption before a notary. It shall establish a authentic instrument.

If the adopted person is unable to consent to its adoption, the court must obtain the opinion of the person in charge of the protection measure (guardian, curator...).

If the adopted person lives abroad, consent is obtained by a French diplomatic or consular officer.

The adopted person may withdraw consent at any time until the adoption decision.

Consent of the adopted is also required for the change of surname and for the name change.

You and the other member of the couple must submit a request on free paper or using the form cerfa n°15738.

Motion for simple adoption of a major by spouses

This form must be completed and accompanied by supporting documents.

This file is filed or sent by simple or registered letter with acknowledgement of receipt to the court of your place of residence.

You can apply for an adoption without a lawyer if the person you are applying for was taken from your home before he turned 15.

The use of a lawyer is mandatory if the adopted child was taken after 15 years of age.

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 and the other member of the couple can challenge the decision before the Court of Appeal in a 15-day period.

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 relationship of parentage that gives the adopted rights and homework in his new family, while maintaining ties to his family of origin.

Maintenance obligation

You owe food to the adopted and vice versa.

Name

The name of the adoptive parents is added to the name of the adoptee or replace it, if he consents. However, on the decision of the judge, the adopted person may retain his original name.

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

In the case of a simple adoption, the adoptee inherits the 2 families (biological parents and adoptive parents). However, it is not heir in title in respect of his adoptive grandparents (they may disinherit him).

Revocation

The simple adoption of the adult may be revoked by a judgefor serious reasons (e.g. violence) at the request of the adoptive or adopted person.

The plenary adoption is irrevocable.

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