Adoption of a minor by a single person

Verified 29 August 2024 - Directorate for Legal and Administrative Information (Prime Minister)

You want to adopt a child alone? You can adopt it whether you're single,married or in pairsunder certain conditions. Children over the age of 13 must consent to its adoption. The proceedings take place before the court of law. It is the adoptive parent who must apply for adoption. We present you with the information you need to know.

Adoption creates a link of parentage between the adopter and the adopted. Adoption may be single or full.

In the case of simple adoption, the links with the original family are maintained.

In the case of adoption by the plenaryYes, there's a total failure the adopted person's ties to his familyorigin.

Please note

In the case of adoption of the child of the Civil partnership, partner or cohabiting partner, other rules apply.

Simple adoption

The adopter shall have over 26 years.

The adopter shall have 15 more years than the adopted one.

The court can still order adoption if the age difference is less than 15 years for the right reasons, for example if the adoptive parent adopts a sibling.

The adopter may be single or live in a couple. But if he is married and not separated or united by a Civil partnership, his spouse or Civil partnership partner must consent to this adoption.

A minor is adoptable if any of the following occurs:

  • 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)
  • Pupil of the state.

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

Minors over 13 years of age must give his consent before a notary.

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

He can withdraw consent until the adoption is pronounced.

The adopter shall obtain prior approval if it wishes to adopt a ward or child foreigner.

Once approved, the adoptive parent is automatically entered on a departmental list which allows him to be chosen as the adoptive parent by the guardian (prefect) with the agreement of the family council of the wards of the State.

Please note

In case adoption of a child abroad, the adopter shall address the French Adoption Agency or a body authorized for international adoption.

The miner is entrusted to the adopter by the authority responsible for it (Child Welfare - ESA...).

The minor must be entrusted at least 6 months before bringing the application for adoption before the court.

During the period of the placement, the adopter may usual acts of parental authority.

The adopter shall address his request on free paper or using the form cerfa n°15737 to the public prosecutor.

Motion for simple adoption of a minor by an individual

The application must be filed or sent by registered letter with acknowledgement of receipt to the court of the domicile of the adopter, accompanied by the supporting documents.

Who shall I contact

The use of a lawyeris not mandatory if the adopter took the minor into his or her household before he turned 15.

The use of a lawyer is, however, obligatory 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.

Once the decision has been rendered, the clerk will notify to the adoptive.

The adopter may challenge the decision before the court of appeal in a 15-day period.

Who shall I contact

Marital status

The decision on simple adoption shall be mentioned in the margins of the adopted person's birth certificate. This entry shall be made at the request of the public prosecutor within 15 days of the date on which it 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 is also mentioned on the family record book.

Link to the original family

The adopted preserves all his ties to his family of origin.

Parental authority

The adopter exercises alone parental authority.

Maintenance obligation

The adoption created between the adopted and the adoptive maintenance obligation reciprocal. If the adoptee is in need, the adoptive parent must provide financial assistance, depending on his or her resources. Similarly, the adoptee must provide financial assistance to the adoptive parent if the latter is in need.

The adoptee's parents of origin should not in principle provide financial assistance. They are only required to provide financial assistance if the adoptee proves that he or she cannot obtain assistance from his or her adoptive parent.

Name and surname of the adopted person

The name of the adopter shall be added to the adopted person's name or replace it. In the latter case, the adopted, if he's over 13, must give its consent.

The adopter may apply to the court for a name change of the adopted. If the minor is over 13 years of ageThen he has to agree.

Prohibition on marriage

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 (in particular between the adoptee and the adoptive child).

Nationality

A child who has been adopted simply does not get automatically french nationality if adopted by a Frenchman.

He can become French by statement until he reaches the age of majority.

TO its majority, he can ask for his naturalization.

Succession

The adopted inherits the 2 families (home and adoptive parents).

However, he's not heir in title to her adoptive grandparents. They can disinherit it.

Revocation of the adoption (i.e. its annulment) can only be requested if there are serious grounds (violence, delinquency).

Only the public prosecutor's office may request revocation adoption, where the adopted person is a minor.

When it becomes major, the adoption may be revoked at his request or at the request of the adopter.

Plenary adoption

The adopter shall have more than 26 yrs.

The adopter shall have 15 more years that the adopted. However, the court may grant a waiver on reasonable grounds (e.g. adoption of a sibling).

The adopter may adopt if he is single or if he lives in a couple. But if he is married and not separated or united by a Civil partnership, his spouse or Civil partnership partner must consent to this adoption.

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

The rules differ depending on whether the minor is more or less 15 years old.

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Child under 15 years

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

Child over 15 years

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

Plenary adoption of a minor over 15 years is also possible until he turns 21 in the following 2 cases:

  • The adopter took the minor into his home before he turned 15, but he did not meet the conditions for adoption
  • The adoptive parent adopted the minor before the age of 15 in a simple form.

The child of over 13 years must give his agreement before a notary.

If it is unable to consent, the court must seek the opinion of a ad hoc administrator. He may withdraw his consent until the adoption is pronounced.

He can withdraw consent until the adoption is pronounced.

The adopter shall obtain prior approval if it wishes to adopt a State ward or a child foreigner.

Once approved, the adoptive parent is automatically entered on a departmental list which allows him to be chosen as the adoptive parent by the guardian (prefect) with the agreement of the family council of the wards of the State.

Please note

in case adoption of a child abroad, the adopter shall address the French Adoption Agency or a body authorized for international adoption.

The minor is entrusted to the adoptive parent by the authority responsible for him (Social Welfare for Children - ESA...).

The minor must be entrusted at least 6 months before bringing the application for adoption before the court.

During the period of the placement, the adopter may usual acts of parental authority.

Warning  

Placement for full adoption prevents any return of the child to his family of origin. The biological parent who has not recognized the child can no longer recognize it.

The adopter shall address his request on free paper or using the form cerfa n°15742 to the public prosecutor.

Motion for full adoption of a child by an individual

The application must be filed or sent by registered letter with acknowledgement of receipt to the court of the domicile of the adopter, accompanied by the supporting documents.

Who shall I contact

The use of a lawyeris not mandatory if the adopter took the minor into his or her household before he turned 15.

The use of a lawyer is, however, obligatory 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.

Once the decision has been rendered, the clerk will notify to the adoptive.

The adopter may challenge the decision before the court of appeal in a 15-day period.

Who shall I contact

Marital status

The decision pronouncing the plenary adoption shall be recorded in the civil registration records of the adopted person's place of birth. This transcription shall be made 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.

One new birth certificate is issued.

The original birth certificate is canceled and can no longer be communicated.

Adoption is also mentioned on the family record book.

Link to the original family

The adopted person acquires a new parentage which replaces the original. The ties with the family of origin are severed.

Parental authority

The adoptive parent alone exercises parental authority.

Maintenance obligation

The adoption created between the adopted and the adoptive maintenance obligation reciprocal. If the adoptee is in need, the adoptive parent must provide financial assistance, depending on his or her resources. Similarly, the adoptee must provide financial assistance to the adoptive parent if the latter is in need.

Name and surname of the adopted person

The adopted takes the name of the adopter which replaces its original name.

The adopter may apply to the judge for a name change of the adopted. If the adopted has over 13 yearsThen he has to agree.

Nationality

A child adopted in plenary form by a Frenchman is French by parentage.

He is considered French from birth.

Prohibition on marriage

The marriage is prohibited between the adopted person and his family of origin, as well as in the family of the adopting person.

Right to succession

The adopted minor has right to inheritance of the adoptive parent.

Since his ties to his family of origin had been severed, he did not inherit from that family and it did not inherit from him.

The plenary adoption is irrevocable.

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