Adoption by the plenary of the child of the Civil partnership, partner or common-law partner is possible in one of the following cases:

• The spouse, partner of Civil partnerships or common-law partner is the only parent entered on the child's birth certificate
• The other parent of the child saw each other remove parental authority
• The child's other parent is deceased and the parents of the deceased have themselves died or have manifestly disinterested in the child
• The child has already been adopted by the spouse, partner of Civil partnerships or common-law partner in the full form and has no established parentage other than in relation to him
• The spouse, Civil partnership partner or cohabiting partner, parent of the child, is deceased and the child had previously been adopted in plenary form by the latter.

The adopter must meet the following 2 conditions:

• Being married, bound by a Civil partnership, or in a cohabitation with the child's parent
• Have at least 10 years older than the child

Consent of spouse, Civil partnership partner or common-law partner

The spouse, Civil partnership partner or partner of the adopter shall give his or her consent to adoption before a notary establishing a authentic instrument.

He may withdraw his consent for a period of two-month period. After this period, it is no longer possible to withdraw.

At the end of that period, the procedure for adoption may be initiated.

Consent of the child

If the child is over 13 years of age, he must give his agreement before a notary or before French diplomatic or consular officials in the event of residence abroad.

If it is unable to consent, the court must seek the opinion of a ad hoc administrator.

The minor may withdraw his consent until the adoption is pronounced.

The adopter hereby presents the request on free paper or using the cerfa au form public prosecutor.

Application for full adoption of the child of the spouse, partner or cohabiting partner

The request must be filed or sent by simple or registered letter with acknowledgement of receipt to the court of law of the domicile of the adopter.

The adopter may apply for adoption without recourse to a lawyer whether he took the child into his home before he turned 15.

The use of a attorney is required if the adopted person has been received after 15 years.

If the adoptive parent's resources are insufficient, he or she may apply for legal aid.

If the adopter already has one or more children, he must attach his application the opinion of his adult children with regard to the draft adoption, adoption creating a parent-child relationship.

If his children are minors, they must specify their age and the relationship with the adopted child.

It must also to certify on honor than the adoption requested is not likely to jeopardize family life.

Once the decision has been rendered by the court, the adopter receives a copy from the court registry.

In the event of refusal, the adopter may challenge the decision before the court of appeal in a 15-day period of the notification of the decision.

Adoption creates a link of parentage between the adopted and the adopting party. Parentage with the spouse, partner of Civil partnerships or common-law partner of the adopter and his or her family shall continue. In contrast, the relationship of filiation with the other biological parent ceases.

Marital status

The decision pronouncing the plenary adoption is transcribed tothe 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.

Adoption is also mentioned on the family record book.

Parental authority

The relationship of filiation remains with regard to the spouse, Civil partnership partner or cohabiting partner, parent of the child.

The adopter and the person with whom he lives in a couple exercise joint parental authority .

Maintenance obligation

The adopter has a maintenance obligation towards the adopted child and its descendants.

The adopted has a maintenance obligation towards both parentsand their ascendants.

Surname and first name

The adopter and his or her spouse, Civil partnership partner or cohabiting partner choose by joint declaration on child's name. This statement must be attached to the motion for adoption.

They can choose between 3 names following:

• Either the name of the adopter
• Either the name of the Civil partnership, partner or common-law partner, parent of the child
• Or their 2 names side by side in the order they choose, within the limit of a single name for each of them.

Joint declaration of choice of surname

If they don't make a choice, the child will have a name made up of the name of the adopter and that of his or her spouse, Civil partnership partner or cohabiting partner.

If they already have a common child, the adopted child shall take the same name as the adopted child.

The adopter and his or her spouse, Civil partnership partner or common-law partner may also apply to the judge for name change of the adopted. If the child has over 13 yearsThen he has to agree.

Nationality

The child adopted during his minority is of French nationality if the adoptive parent is a French national or if the adoptive parent's spouse, partner of Civil partnerships or common-law partner is a French national.

Succession

The adopted child inherits from both parents and their families. He is heir in title.

The plenary adoption is irrevocable.