Adoption of the minor child of the spouse, Civil partnership partner or cohabiting partner

Verified 11 March 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)

If you're in a relationship with the father or mother of a child, you may adopt that minor under certain conditions. The proceedings take place before the judicial tribunal. It is the adopter who must apply for adoption. We present you the information to know.

Adoption creates a bond of parentage between the adopter and the adopted person. Adoption can be simple or plenary :

  • In case of simple adoption, the links with the family of origin are maintained.
  • In the event ofplenary adoption, there is a total rupture the adoptee's relationship with his family oforigin.

Simple adoption

The adopter must complete the 2 the following conditions:

  • To be married, bound by a Civil partnerships: titleContent or in cohabitation with the child's parent
  • Have at least 10 years older than the child.

Please note

If there are reasonable grounds, the court may order the adoption where the age difference is less than 10 years (neglected minor by the father and raised by the father-in-law for example).

There is no age requirement for the adopted child.

Simply adopting the child of the Civil partnership, partner or common-law partner is possible in the following cases:

  • The minor child has an established parentage with respect to his 2 biological parents and the other biological parent consents to the adoption.
  • The child has an established parentage only in respect of the spouse, Civil partnership partner or common-law partner of the adopter. Adoption is possible even if this person has adopted it in simple or plenary form.

FYI  

In case of withdrawal of parental authority from the biological parent, the child becomes adoptable by the spouse, partner of Civil partnerships or cohabiting partner of the other parent who has retained parental authority.

The following persons must consent to the adoption:

  • Spouse, partner of Civil partnerships or common-law partner as the child's parent
  • The child's second biological parent, if he recognized it
  • The child, if he is over 13 years old. If it is unable to consent, the court must seek the opinion of a ad hoc administrator.

Consent to adoption is given before a notary which establishes a authentic act.

Who shall I contact

Parents may withdraw their consent during a 2 months delay.

The minor child may withdraw consent at any time until the adoption decision.

FYI  

If the adoptive parent already has one or more children, he or she must attach to the application the opinion of his adult children on the draft adoption. If his children are minors, he must specify their age and the relationship with the adopted child. He must also certify on honor that the adoption requested is not likely to jeopardize family life.

The adopter shall address a request to public prosecutor, after the withdrawal period of 2 months which runs from the required acts of consent.

The request can be made using a form:

Application for simple adoption of the minor 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 the adoptive parent's domicile.

The adopter has there is no need to hire a lawyer if the child was taken into the home before the age of 15.

The use of a lawyer is, however mandatory if the adopted child has been taken in after he turned 15.

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

Once the decision is made, the adopter receives a copy from the registry of the court.

If the adoption is refused, the adopter may challenge the decision in a 15 days.

The appeal shall be made by a statement made or sent by registered letter to the court which issued the decision. This statement must be done by a lawyer.

FYI  

The death of the adoptive parent after the filing of the application does not leave the court, adoption may be pronounced if it is in the interest of the adopted parent.

Simple adoption created a link from parentage which gives the adopted person rights and obligations in his adoptive family. The adopted maintains legal ties with his family of origin.

Vital status

The decision to adopt is simple transcribed or mentioned in the margins of the adopted person's birth certificate.

Adoption is also mentioned on the family record book.

Parental authority

The adopter is holder of parental authority with her husband, Civil partnership partner or partner, but the latter shall retain the exercise of that right alone.

However, they may exercise joint parental authority if they file a joint statement to the Registrar of the Judicial Tribunal.

Warning  

The other biological parent, who is not the spouse or partner of the adopter and who consents to the adoption, loses the exercise of parental authority.

Maintenance obligation

The adopter has a maintenance obligation in respect of the adopted and vice versa.

The adoptee's parents of origin are required to provide support only if the adoptee is unable to provide it.

Name

The name of the adoptive parent shall be added to the name of the adopted person. However, at the request of the adoptive parent and on the decision of the court, the adopted parent may keep its original name.

If the child has over 13 years of age, it must give its consent.

Please note

The adopter may apply to the judge for a name change of the adopted. If the child has over 13 years of age, he must give his agreement.

Nationality

A child who has been the subject of a simple adoption does not obtain automatically the french nationality if adopted by a Frenchman.

He can become French until his majority by declaration.

By his majority, it may request its naturalization.

Succession

The adoptee inherits the 2 families (biological parents and adoptive parents).

However, it is not reserving heir in respect of his or her adoptive grandparents (they can disinherit it it).

Simple adoption may be revoked by a judge, for reasons of serious grounds (e.g. violence) at the request of public prosecutor, or where the adopted person is of legal age, at the request of the latter or the adopter.

Revocation stops for the future all the effects of the adoption, with the exception of changes to forenames.

Plenary adoption

Plenary adoption of the child of the Civil partnership, partner or common-law partner is possible in one the following cases:

  • The spouse, Civil partnership partner or common-law partner is the only one parent entered on the child's birth certificate
  • The other parent of the child saw himself remove parental authority
  • The other parent of the child is deceased and the parents of the deceased have themselves died or have obviously disengaged from the child
  • The child has already adopted by the Civil partnership, partner or common-law partner in full and has no established parentage except in respect of him
  • The spouse, partner of Civil partnerships 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 complete the 2 the following conditions:

  • To be married, bound by a Civil partnerships or in cohabitation with the child's parent
  • Have at least 10 years older than the child.

FYI  

If there are reasonable grounds, the court may order the adoption where the age difference is less than 10 years (neglected minor by the father and raised by the father-in-law for example).

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

The spouse, Civil partnership partner or common-law partner of the adoptive parent must consent to adoption before a notary which establishes a authentic act.

Who shall I contact

He can withdraw his consent during a 2 months delay. After this period, he can no longer withdraw.

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

Consent of the child

If the child is over 13 years old, he must give his agreement before a notary or before French diplomatic or consular agents if he resides abroad.

Who shall I contact

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

The minor may withdraw its consent until adoption is pronounced.

The adopter presents the request on free paper or using the cerfa form at 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 the adoptive parent's domicile.

The adoptive parent may apply for adoption without recourse to a lawyer whether he has taken the child into his home before he turned 15.

The use of a however, a lawyer is mandatory if the adopted child has been taken in after he turned 15.

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 to his application the opinion of his adult children with regard to the draft adoption, the adoption creating a relationship of filiation.

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

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

Once the decision has been made 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 days from notification of the decision.

The appeal shall be made by a declaration made or sent by registered letter to the court which issued the decision. This statement must be done by a lawyer.

FYI  

The death of the adoptive parent after the filing of the application does not terminate the procedure in court.

Adoption creates a bond of parentage between the adoptee and the adopter. Parentage in respect of the adoptive parent's spouse, Civil partnership partner or common-law partner, and his or her family, shall continue. On the other hand, the relationship of filiation with the other biological parent ceases.

Vital status

The decision pronouncing the plenary adoption shall be transcribed or mentioned onthe birth certificate of the adopted person.

Adoption is also mentioned on the family record book.

Parental authority

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

The adoptive parent and the person with whom he or she lives as a couple practice joint parental authority.

Maintenance obligation

The adopter has a maintenance obligation in respect of the adopted person and its descendants.

The adopted has maintenance obligation towards both parentsand their ascendants.

Surname and first name

The adopter and the spouse, Civil partnership partner or common-law partner choose by joint statement on child's name. This statement must be attached to the application 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
  • Either their 2 names side by side in the order they choose, within the limit of a single name for each of them.

A form is to be used:

Joint declaration of choice of surname

If they don't make a choice, the child shall have a name consisting of the name of the adopter and that of his or her husband, Civil partnership partner or common-law partner.

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

The adoptive parent may also apply to the judge for change of first names of the adopted. If the child has over 13 years of age, it must give its consent.

Nationality

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

FYI  

If only one parent was born in France, the adopted person may renounce French nationality within 6 months before reaching the age of majority or within 12 months after reaching the age of majority.

Succession

The adopted child inherits from her 2 parents and their families. He is reserving heir.

The plenary adoption is irrevocable.

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