Adoption of a minor by a couple

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

A couple may adopt a minor by simple or full adoption under certain conditions. The proceedings take place before the court of law. Adoption creates a link of parentage between the adopters and the adopted. 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

Couple and age

Adoption can 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 have the two of you at least 26 years, unless you have lived together for more than 1 year. You will have to prove the community of life.

You must every two consent to adoption.

FYI  

adoption between grandparents and grandchildren and between siblings is in principle forbidden, unless there are serious grounds.

Age difference between adopters and adoptees

Age difference should beat least 15 years.

Adoptable children

A minor may be adopted if he or she is in one of the following situations:

  • Minor whose full adoption is not possible (for example, in the case of the adoption of a minor foreigner when the full adoption does not exist in the country of origin)
  • State Pupil
  • Minor previously adopted by the spouse, Civil partnership partner or common-law partner in a single or full form.

Consent of the adopted

If the minor over 13 years of age, he must give his agreement before a notary.

Who shall I contact

1. Application for approval

You need to get a approval prior to adoption of a ward of the state, of a minor handed over to a body authorized for adoption.

This is also the case for a foreigner minor who is not the child of the spouse (se), civil solidarity partner (Civil partnerships) or common-law partner.

You do not need an authorization if you adopt a minor who is related or married up to the 6th degree (first cousin).

Please note

the granting of a license does not mean that the adoption will automatically be granted to you.

2. Application for adoption

Once you have obtained approval, you must file an application for adoption with services of the Department of Social Welfare for Children (ASE).

Who shall I contact

Your couple is registered on a regularly updated list allowing you to be chosen as adopters by the family council of the wards of the state.

Attention: the procedure is different in case of adoption of a minor abroad.

3. Procedure before the court

You're making your request on free paper or using the public prosecutor.

Motion for simple adoption of a child by spouses

The request must be filed or sent by 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 lawyer is mandatory if the adopted child was taken after 15 years of age.

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

After examination, the judge notify to the couple his decision. 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 which occurred after the application was lodged does not terminate the proceedings before the court.

An application for adoption may be made on behalf of the deceased adoptive parent if the child was taken for adoption.

4. Transcription on civil status records

At the request of the Public Prosecutor, the decision pronouncing simple adoption shall be mentioned in the margin of the adopted person's birth certificate. This registration shall take place within 15 days of the date on which it has passed 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 bond of parentage that gives the adopted person rights and duties in his new family.

Parental authority

LParental authority is exclusively and entirely entrusted to the adopting couple (except in the case of simple adoption of the child of her spouse).

Maintenance obligation

Simple adoption creates a maintenance obligation between the adopting couple and the adopted, and vice versa.

The biological parents of the adoptee do not have to. They provide financial assistance only if the adopted person proves that he cannot obtain of food of his adoptive parents.

Surname and first name

The name of adoptive parents is added to the name of the adoptee or replace it.

It is possible to apply to the court for a name change of the adopted. If the minor is over 13 years of age, he must consent.

Nationality

Simple adoption does not allow to the adopted minor to acquire automatically french nationality. A minor who has been the subject of a simple adoption by a Frenchman must apply for it by making a statement.

Succession

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

However, it is not heir in title in respect of his adoptive grandparents (who may disinherit him).

Revocation

Revocation of the adopted person may be requested only by the public prosecutor.

plenary session

Couple and age

Adoption may be requested either by a married couple who are not separated from each other, or by partners linked by a civil solidarity pact (Civil partnerships), or by cohabiting partners.

You must have the two of you at least 26 years, unless you've been living together for more than 1 year. You will have to prove the community of life.

You must all 2 consent to adoption.

FYI  

adoption between grandparents and grandchildren and between siblings is prohibited principle, unless there are serious grounds.

Age difference between adopters and adoptees

Age difference should be at least 15 years of age.

Age

The minor must have under 15 years.

However, the full adoption of a young person over 15 years of age is possible in the following 2 cases:

  • 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 years old

In these 2 cases, you can ask for its adoption until he was 21.

Warning  

if the minor is over 13 years of age, he must give his agreement before a notary.

Adoptable child

The adoptable minors are:

1. Application for approval

You must get a approval prior to adoption of a ward of the state, of a minor handed over to a body authorized for adoption.

This is also the case for a foreigner minor who is not the child of the spouse, Civil partnership partner or common-law partner.

Please note

the granting of a license does not mean that the adoption will automatically be granted to you.

2. Application for adoption

Once you have obtained approval, you must file an application for adoption with services of the Department of Social Welfare for Children (ASE).

Who shall I contact

Your couple is registered on a regularly updated list allowing you to be chosen as adopters by the family council of the wards of the state.

Attention: the procedure is different in case of adoption of a minor abroad.

The minor must be entrusted to you at least 6 months before the adoption application can be brought before the court.

During the placement period, you can accomplish the customary acts of parental authority.

Proceedings before the court

You must address your request to free paper or using the public prosecutor.

Motion for simple adoption of a child by spouses

The request must be filed or sent by 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 lawyer is mandatory if the adopted child was taken after 15 years of age.

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

After examination, the judge notify to the couple his decision. 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.

An application for adoption may be made on behalf of the deceased adoptive parent if the child was taken for adoption.

4. Transcription on civil status records

At the request of the Public Prosecutor, the decision pronouncing full adoption shall be entered in the civil registration records of the adopted person's place of birth.

This transcription shall be made within 15 days of the date on which it took place 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.

New parentage

Links with the family of origin (original filiation) are severed.

The adopted gets a new parentage who filledthis his original parentage. A new birth certificate is issued. The original birth certificate is canceled and can no longer be communicated.

The plenary adoption is irrevocable.

Parental authority

Parental authority is exclusively and entirely reserved for adoptive parents.

Surname and first name

The adopted takes the name of the adoptive parent(s) who replaces its original name.

It is possible to ask the judge for a name change of the adopted. If the minor is over 13 years of age, there must be consent.

Nationality

A minor adopted during his or her minority automatically acquires french nationality if one of the parents (adoptive parents) is a French national. He is considered French from birth.

Maintenance obligation

There is a maintenance obligation between the adopter and the adopted.

Marriage

The marriage is prohibited between the adopted and his biological family, as well as with his adoptive family.

Succession

An adopted minor has the right to inherit from his adoptive parents.

In his family of origin, he is excluded from the estate.

Who can help me?

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