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Simple adoption and plenary adoption: what differences?
Verified 01 January 2023 - Directorate for Legal and Administrative Information (Prime Minister)
Legal relationship between a child and his/her father and/or mother
A set of rights and duties aimed at the best interests of the child. It belongs to the parents or to a third person on the decision of the judge, until the majority or the emancipation of the child. It serves to protect the safety, health and morals of children, to ensure their education and to enable their development, with due respect for their person.
Money paid by a person to a close relative (father, mother, grandparents or children) to help him or her meet the needs of his or her daily life
Amounts paid to the tax authorities on a transfer of ownership (for a sale), or free of charge (for an inheritance or donation)
Child, or in the absence of a child, the spouse, to whom the law allocates a minimum share of inheritance
Definitive, which we cannot go back to
The 2 forms of adoption differ on a number of topics: ties to the family of origin, parental authority, name of adopted person, inheritance,...
Tableau - Effects for each type of adoption
Subject
Simple adoption
Plenary adoption
Link to the original family
The adopted maintains all links with his family of origin.
The adopted person acquires a news parentage which replaces the original one.
In this case, the latter retain sole exercise of parental authority unless jointly declared before the Registrar of the Court of Justice.
Parental authority is exclusively and in full assigned to the adoptive parent(s).
In the case of adoption of the child of the Civil partnership, partner or cohabiting partner, it shall be carried out jointly.
Maintenance obligation
The adopter(s) shall food to the adopted and vice versa.
The biological parent(s) of the adoptee are only required to provide food to the adoptee if the adoptee is unable to obtain it from the adoptee.
The adopted person does not owe food to his biological parents if he has been admitted as a ward of the State or taken care of by the social welfare authorities.
The adoptive parent owes the adoptive parent food and reciprocalliar.
The adoptive parent(s) of the child must apply for it by making a declaration.
The adopted adult must apply for naturalization to become French.
The child adoptseduring his minoritybecomesautomatically french if one of the parents (adoptive parents) is a French national. He is considered French from birth.
The adopted person does not benefit from the transfer duty free in his adoptive family. It pays the same fees as unrelated persons (60%) except in certain cases (child of the spouse, ward of the State ...).
He's not heir in title in respect of his adoptive grandparents (who may disinherit him)