Adoption of a minor by a couple
Verified 29 August 2024 - Directorate for Legal and Administrative Information (Prime Minister)
You're a couple and you want to adopt a child? You can adopt it under certain conditions. Minors over 13 years of age must consent to its adoption. 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.
Adoption creates a link of parentage between the adopters and the adopted. Adoption may be single or full.
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 adoption
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.
Adoption between grandparents and grandchildren and between siblings is in principle forbidden, unless there are serious grounds.
Age
Adopters must have every 2 at least 26 years, unless they have lived together for more than 1 year. In this case the adopters must prove the duration of the community of life.
Age difference between adopters and adoptees
Adopters must 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 in the case of sibling adoption.
A minor is adoptable if any of the following occurs:
- Minor whose parents or family council have agreed to adoption
- Declared minor neglected by judgment of the court
- Minor foreigner according to applicable legislation
- 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.
Minors over 13 years of age must give its agreement before a notary.
Who shall I contact
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.
Adopters must obtain prior approval if they wish to adopt a ward or child foreigner.
Once approved, adopters are automatically entered on a departmental list which allows them to be chosen as adopters 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, adopters must contact the French Adoption Agency or a body authorized for international adoption.
The minor is entrusted to the adopters by the authority in charge (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 placement period, adoptive parents may complete the usual acts of parental authority.
The adopting couple addresses their request on free paper or using the form cerfa n°15740 to the public prosecutor.
Motion for simple adoption of a child by spouses, partners or cohabiting partners
The application must be filed or sent by registered letter with acknowledgement of receipt to the court of the domicile of the adopters, accompanied by the supporting documents.
The use of a lawyer is not compulsory if the adoptive parent has taken the minor into his or her home before he turned 15.
The use of a lawyer is, however obligatory if the adopted person has been received after 15 years.
If adopters are under-resourced, they can apply for legal aid.
Once the decision has been rendered, the clerk will notify to the adopting couple.
They can challenge the decision before the court of appeal in a 15-day period.
Who shall I contact
Marital status
The decision pronouncing simple adoption shall be mentioned in the margin 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 adopters shall exercise together parental authority.
Maintenance obligation
The adoption created between the adopted person and the adopters maintenance obligation reciprocal. If the adoptee is in need, the adopters must provide financial assistance, according to their resources. Similarly, the adoptee must provide financial assistance to the adopters if they are 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 parents.
Name and surname of the adopted person
The name(s) of the adopters shall be added to the adopted person's name or replace it. The adopted, if he's over 13, must give its consent.
Adopters choose the name of one of them who in addition to adopted person's name .
In case of disagreement between the adopters on the choice of name, the name of the adopted is formed as follows: name of the adopted +first name of the adopters alphabetically.
For example, Sofian BALDUIN, child adopted by a couple APRIL and DIALLO his name will be Sofian BALDUIN APRIL
Adopters can also replace the name of the adopted person. They may choose the name of one or both of their names in the order chosen by them, up to a limit of one name for each of them.
Adopters 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 adopters, the adoptee 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 children).
Nationality
A child who has been adopted simply does not get automatically french nationality if it is adopted by a Frenchman.
He can become French up to its majority by statement.
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. 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 the adopted becomes a major, the adoption may be revoked at his request or at the request of the adopters.
plenary session
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.
Adoption between grandparents and grandchildren and between siblings is in principle forbidden, unless there are serious grounds.
Age
Adopting couple members must have every 2 at least 26 years, unless they have been living together for more than 1 year. They have to prove the community of life.
They must all 2 consent to adoption.
Age difference between adopters and adoptees
Adopters must 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 in the case of sibling adoption.
Age
The minor must have under 15 years and have was hosted in the adoptive home since at least Six months.
However, the full adoption of a young person over 15 years of age is possible in the following 2 cases:
- The adopters welcomed him when he was under 15 and they did not meet the conditions for adopting him
- The adopters adopted the child in simple form when he was under 15 years old.
In these 2 cases, the adopters can request its adoption until he was 21.
Adoptable child
The adoptable minors are:
- State Pupil
- Minor whose parents or family council have agreed to adoption
- Juvenile found abandoned by court
- Minor foreigner, depending on applicable law.
Minors over 13 years of age must give its agreement before a notary.
Who shall I contact
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.
Adopters must obtain prior approval if they wish to adopt a State ward or a child foreigner.
Once approved, adopters are automatically entered on a departmental list which allows them to be chosen as adopters 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, adopters must contact the French Adoption Agency or a body authorized for international adoption.
The minor is entrusted to the adopters by the authority in charge (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 placement period, adoptive parents may complete the usual acts of parental authority.
Warning
Placement for full adoption prevents any return of the child to his or her family of origin. The biological parent who has not recognized the child can no longer recognize it.
The adopting couple sends their request on free paper or using the form cerfa n°15736*03 to the public prosecutor.
Motion for full adoption of a child by spouses
The application must be filed or sent by registered letter with acknowledgement of receipt to the court of the domicile of the adopters, accompanied by the supporting documents.
The use of a lawyer is not compulsory if the adoptive parents have taken the minor into their home before he turned 15.
The use of a lawyer is, however obligatory if the adopted person has been received after 15 years.
If adopters are under-resourced, they can apply for legal aid.
Once the decision has been rendered, the clerk will notify to the adopting couple.
They can 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.
A 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 adopters shall exercise together parental authority.
Maintenance obligation
The adoption created between the adopted person and the adopters maintenance obligation reciprocal. If the adoptee is in need, the adopters must provide financial assistance, according to their resources. Similarly, the adoptee must provide financial assistance to the adopters if they are in need.
Name and surname of the adopted person
Adopters choose, by joint declaration, on family name of the adopted person, either the name of one of them , or their two names side by side in the order chosen by them within the limit of a family name for each of them.
In the absence of a joint declaration, the adopted takes the name of each of the two adopters within the limit of the first family name for each of them placed side by side in alphabetical order
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
Prohibition on marriage
The marriage is prohibited between the adopted person and his or her family of origin, as well as in the adoptive family.
Nationality
The child adopted during his/her minority automatically obtains french nationality if one of his adoptive parents is French.
Succession
The adopted child inherits from his adoptive family as well as relatives in the ascending line of the adoptive parents.
He is the reserving heir of his adoptive family.
The plenary adoption is irrevocable.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
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- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
- Service free
The informants who answer you are from the Department of Justice.
Conditions for the adopter
Conditions for adoption
Relationship between the adopter and the adopted
Consent to adoption
placement for adoption
Accreditation
Adoption judgment
Consent procedure for adoption
Adoption procedure
Procedure for revoking adoption
Effects: provisions common to simple and plenary adoption
Effects of the plenary adoption
Effects of simple adoption
Effects of adoption on nationality
Effects of simple adoption on nationality
Declaration of nationality following simple adoption (Article 21-12)
FAQ
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French Adoption Agency (Afa)