Adoption

Can an aunt adopt her major niece?

Publié le 02 octobre 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Céline is very close to her aunt, the sister of her mother who died while she was still a baby. When she died, she was cared for by Yvette, who raised her with her husband like her daughter because her military father was often absent from the home. Celine always considered her her mother of heart. She asked whether Yvette could adopt it today when she was 33 years old.

Service-Public.fr replies:

Yes, an aunt can adopt her niece.

Adoption between nephews/nieces and uncle/aunt is permitted if it is of moral and material interest to the child. The judges have a sovereign judgment that the proposed adoption is in the best interests of the adopted person. If the adoptive parent already has children, the court also checks that the adoption is not likely to endanger family life.

Intra-family adoption is therefore not just a matter for the spouse, partner or partner of CIVIL PARTNERSHIPS. However, it is prohibited for inheritance purposes (for example, adopting to transmit property or seeking to reduce inheritance taxes).

It is also prohibited for grandparents because it can amount to a misappropriation of an estate. It may, however, be ordered if there are serious grounds which are assessed by the court on its own merits.

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