Adoption of a major by a single person

Verified 01 January 2023 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

You can adopt an adult if you meet certain conditions. The adult must consent to its adoption. The proceedings take place before the court of law. The purpose of adoption is to create a link between parentage. We present you with the information you need to know.

You must have at least 26 years and 15 more years than the adopted one.

You can be married or not, living alone or in a couple.

If you are married or bound by a Civil partnership, the other member of the couple will have to give his consent.

The adopted must give his consent to adoption before a notary establishing a authentic instrument.

If it is unable to consent to its adoption, the court must obtain the opinion of the person responsible for the protection measure (guardian, curator, etc.).

Who shall I contact

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

Warning  

only a few embassies or consulates offer a notarial service.

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

The consent of the adopted is also necessary for the change of surname and for the change of first name.

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

However, 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 then that he was under 15 and you didn't meet the conditions to adopt it
  • You adopted it in simple form when he was under 15.

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.

Who shall I contact

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.

After considering your application, 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.

Who shall I contact

FYI  

the death of the adopter after the filing of the application does not relinquish the jurisdiction of the court.

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, everything by maintaining ties with his family of origin.

Maintenance obligation

You owe food to the adopted and vice versa.

Name

Your name is in addition to the name of the adopted child, if he or she agreesnt. 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 and adoptive parents). However, it is not heir in title in respect of his adoptive grandparents (they may disinherit him).

Revocation

Simple adoption of the age of majority may be dismissed by a judge, for serious reasons (e.g. violence) at your request or at the request of the adopted person.

Adoption by the plenary cannot be revoked.

Revocation shall cause all the effects of the adoption to cease for the future, with the exception of the change of first names.

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