Adoption of an adult

Verified 15 July 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Do you want to adopt your partner's adult child in order to make the emotional bonds that unite you a reality? You can adopt an adult if you meet certain conditions. This major must consent to adoption. The proceedings take place before the court of law. We present you with the information you need to know.

Any adult may be adopted by a family member or not.

For example, it may be the child of his or her spouse, partner of Pacs or cohabiting partner. It may also be an adult who is not related to the family, with whom the adoptive parent has developed an emotional bond.

Adoption may be requested by:

  • A single person
  • OR a couple . If adoptive parents are in a relationship, they may be married, partners of Civil partnerships or cohabiting partners. If they are married, they should not be separated from bodies.

Person adopting alone

The adopter shall have at least 26 years . It must also have 15 more years than the adopted one.

He can living alone or being in a relationship. If he is married or bound by a Civil partnership, the other member of the couple will have to give his consent.

If he adopts the child of his spouse, partner of civil partnerships or cohabiting partner, the adoptive parent must have 10 years older than the adopted but the age requirement is not required in this case.

FYI  

The court may order adoption where the age difference is lower to that provided for by law, if there are just reasons (deep and ancient emotional ties, the adoptive parent having no other children for example).

Adopting couple

Adopters must have both at least 26 years of age, or to justify a common life of water minus 1 year. They may be married but not separated from bodies, partners of Civil partnerships or concubines.

Adopters must have 15 more years than the adopted one. If there are just reasons, the court may order adoption where the age difference is lower.

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

Sometimes adoption by the plenary is possible.

The adopted duty consent to its adoption. He has to consent to it personally, even if he is under a trusteeship or guardianship.

If the adoptive parent lives as a couple, spouse or partner of Pacs must also give consent to the adoption.

On the other hand, the biological parents of the adult to be adopted do not have to consent adoption.

The adopted person must also consent to the sound change surname and to a name change in case ofplenary adoption.

FYI  

if the adoptive parent already has one or more children, they must accompany their application the opinion of his adult children on the draft adoption. If his children are minors, he must specify their age and the relationship with the adopted child. He must also certify on his honor that the adoption requested is not likely to endanger family life.

The adoptee must give his consent to the adoption before a notary, which establishes a authentic instrument.

Who shall I contact

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

If the adopted person lives abroad, the adopted person must give his or her consent before a French diplomatic or consular official.

Warning  

only a few embassies or consulates offer a notarial service.

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

Application to bring proceedings before the court

The request for adoption shall be made by request on free paper or using the cerfa form to the public prosecutor.

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

The request must be filed or sent to the court of the place of residence of the adopter.

Who shall I contact

The adopter (or adopting couple) may make the request himself, without recourse to a lawyer, if the middle finger has been taken from his home before he turned 15.

The lawyer is obligatory if the adopted person has been received after 15 years. If the adoptive parent's resources are insufficient, he or she may apply forlegal aid.

Audience

The hearing shall take place at in camera, in " council chamber ”, that is, without an audience.

At the hearing, the judge hears the adopting party or couple. He verify that the conditions of the adoption are fulfilled and that the adoption is in the interests of the adopted adult.

It shall examine the documents and may have an investigation carried out by any qualified person.

The public prosecutor's office give its opinion on the application for adoption.

Even if the legal conditions are met, the court of law is never obliged to make an adoption. He or she must assess the appropriateness of the measure solely in the light of the interests of the adult adoptee and ensure that it does not jeopardize family life (particularly if the adoptive parent already has children). The judgment shall be delivered in open court.

Once the decision has been rendered, the adoptive parent receives a copy from the court registry.

If the adoption is refused, the adopter may 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 application is filed does not relieve the court, the adoption may be ordered, if it is in the interest of the adoptee.

Adoption creates a link of parentage which gives the adopted rights and obligations in his new family. In the case of simple adoption, the adopted maintains legal ties to his family of origin.

Marital status

The decision pronouncing simple adoption is mentioned in the margins of the adopted person's birth certificate. This registration takes place at the request of the public prosecutor, within 15 days of the date on which the decision was made by force of res judicata.

When the adopted child was born abroad, the decision shall be recorded in the registers of the central civil status office of the Ministry of Foreign Affairs.

Adoption is also mentioned on the family record book.

Maintenance obligation

The adopter has a maintenance obligation with respect to the adopted and vice versa.

Name

The name of the adopter is added to or replaced by 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.

Marriage and Civil partnerships

Marriage is forbidden between the adopter, the adopted and his children.

It is also forbidden to marry with other members of the adoptive family and the biological family.

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).

If the adopted person dies without having had children, the property he inherited or received is subject to right of return, (i.e. they return to the patrimony of the adopting party), if they still exist.

The remaining assets of the adoptee are divided in half between the adoptive parent’s family and the adoptive parent’s family, while preserving the surviving spouse's rights if the adopted man was married.

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.

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

Please note

Adoption plenary is irrevocable.

Who can help me?

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