Adoption of the adult child of the spouse, partner of Civil partnerships or cohabiting partner

You must have at least 26 years and 10 years older than the adopted.

The adoption of a major is done by simple adoptione. 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 young person until he turns 21 is possible if you are in one of the following situations:

• You welcomed him when he had under 15 years and you didn't meet the conditions to adopt it
• You have it adopted in simple form when he was under 15 years old.

The adoptee must give his consent to the 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, the adopted person must give his or her consent before a French diplomatic or consular official.

The adopted may revoke his consent at any time until the adoption decision.

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

If you're in a relationship, your spouse, Civil partnership partner or common-law partner must give consent to the adoption.

You must submit your request on free paper or using the cerfa form to the public prosecutor.

Motion for simple adoption of an adult by an individual

The request must be 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 attorney is required if the adopted has been collected after 15 years.

If you are under-resourced, you can request legal aid.

If you already have one or more children, you must attach your application the opinion of your adult children on the draft adoption.

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.

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.

Adoption creates a relationship of parentage which gives the adopted rights and duties in his new family, while maintaining ties to his family of origin.

Maintenance obligation

You owe food to the adopted and vice versa.

Name

Your name is added to or replaces the name of the adopted child if he or she consents. Otherwise, the adopted person retains his or her 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 naturalization.

Succession

In the case of simple adoption, the adoptee inherits the 2 families (biological parents and adoptive parents). He's 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.