Adoption of minor by couple
Verified 08 June 2026 - Public Service / (Prime Minister)
You are in couple and you want adopt at 2 a child? You can adopt it under certain conditions. A minor over 13 years of age must consent to his adoption. The proceedings take place before the court. It is up to the adopting couple to submit the adoption application. 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 the case of simple adoption, the links with the family of origin are maintained.
In the case of plenary adoption, there is a total rupture the adoptee's relationship with his family of origin.
Simple adoption
Adoption can be requested by the following couples:
- Married couple not separated from body
- Partners bound by a civil solidarity pact (Civil partnerships)
- Concubines.
Adoption between grandparents and grandchildren and between siblings is in principle forbidden, unless there are serious grounds.
Age
Adopters must have all 2 at least 26 years, unless they have been living 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 the adopted child
Adopters must have 15 more years than the adopted.
The court can still order adoption if the age difference is less than 15 years for good reasons, for example in the case of adoption of a sibling.
A minor may be adopted is in one of the following situations:
- Minor whose parents or family council have accepted the adoption
- Minor declared neglected by judgment of the court
- Minor foreigner according to the applicable legislation
- Minor whose full adoption is not possible (e.g. in case of adoption of a minor foreigner where full adoption does not exist in the country of origin)
- State ward.
A minor over 13 years of age must give his consent before a notary.
Who shall I contact
Consent may also be received by the child welfare service when the child has been handed over to it.
If the minor to be adopted lives abroad, consent to the adoption may be given before a foreigners notary, or before French diplomatic or consular agents.
Who shall I contact
Please note
Only a few embassies or consulates offer a notarial service.
If the minor to be adopted is not in a position to consent personally, the court must obtain the opinion of a ad hoc administrator.
The adopted person may withdraw consent until the adoption is pronounced.
Adopters must obtain prior approval if they wish to adopt a ward of the State or a child foreigner.
Once accredited, 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 should contact Agence française de l'adoption or a body authorized for international adoption.
Placement for adoption concerns wards of the State or children who have been judicially declared abandoned. Placement consists of surrender of the child to the adopters by the authority responsible for it (e.g. child welfare).
During the period of placement, adopters may perform the usual acts of parental authority.
Lawyer
The adopting couple can apply, with or without a lawyer, if the minor to be adopted has been collected at the couple's home before he was 15.
The lawyer is, however mandatory whether the adopted minor has been collected at the adoptive couple's home after the age of 15.
Who shall I contact
If the resources of the adopters are insufficient, they may apply for legal aid.
Query
The adopting couple sends their request on free paper or using form cerfa n°15740 to public prosecutor :
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 supporting documents (called coins).
Who shall I contact
Warning
The adopting couple must attach to their application a tax stamp of 50 €, unless it benefits from legal aid.
Hearing
The hearing shall be held in ‘ council chamber », i.e. without the presence of the public.
At the hearing, the judge hears the adopters. He verifies that the conditions the adoption is completed and is in the best interests of the adopted minor.
It examines the documents and may have an investigation carried out by any qualified person.
The public prosecutor gives its opinion on the adoption.
Judgment
The judgment shall be delivered in open court.
Even if the legal conditions are met, the court is not not obliged to adopt. It must verify whether the adoption complies with the best interests of the child.
Once the decision is made, the adopting couple receives a copy from the court registry.
Civil status
The decision to adopt is simple mentioned in the margins of the adopted person's birth certificate. This registration shall be made at the request of public prosecutor within 15 days of the date on which the decision is taken as a final judgment.
When the adopted child was born abroad, the decision was entered in the registers of the central civil registration service of the Ministry of Foreign Affairs.
Adoption is also mentioned on the family booklet.
Relationship with the family of origin
The adopted canned all his ties to his family of origin.
Parental authority
The adopters exercise parental authority together.
Maintenance obligation
Adoption creates between the adopted and the adopters a maintenance obligation reciprocal. If the adoptee is in need, the adopters must, depending on their resources, provide financial assistance. Similarly, the adoptee must provide financial assistance to adopters if they are in need.
In principle, the adoptee's parents do not have to provide financial assistance. They should only help him financially if the adopted child proves that he cannot get help from his adoptive parents.
First and last name of the adopted person
The name of one of the adopters is added to the name of the adopted person. The adopted, if he is more than 13 years old, must give its consent.
The adopters choose the name of one of them who shall be added to the name of the adopted person.
In case of disagreement between the adopters, the name of the adopted person shall be as follows: name of the adopted person + first name of the adopters alphabetically.
For example, Sofian BALDUIN, child adopted by a couple APRIL and DIALLO, will be called Sofian BALDUIN AVRIL.
Adopters can also replace the name of the adopted child. They can choose the name of one of two or their two names joined in the order chosen by them, within the limit of a single name for each of them.
Adopters may apply to the court for a change of name of the adopted. If the adopted child is over 13 years of age, he must give his consent.
Prohibition on marriage
Marriage is forbidden between adopters, the adopted child and his/her 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 children of the adoptive parents).
Nationality
A child foreigner who has been the subject of a simple adoption shall not be granted automatically the french nationality if adopted by a Frenchman.
He can become French until he or she is a majority by declaration.
By his majority, he can ask for his naturalization.
Succession
The adopted inherits from the 2 families (family of origin and adoptive parents).
However, he's not heir reserving in respect of his or her adoptive grandparents. They can disinherit it it.
Revocation of adoption (i.e. annulment) may be requested only if there are serious grounds (violence, crime).
As long as the adopted child is a minor, only the public prosecutor may request revocation.
When the adopted becomes major, the adoption may be revoked at the request of the adoptive parent or at the request of the adoptive parents.
Plenary
Adoption can be requested by the following couples:
- Married couple not separated from body
- Partners bound by a civil solidarity pact (Civil partnerships)
- Concubines.
Adoption between grandparents and grandchildren and between siblings is in principle forbidden, unless there are serious grounds.
Age
Adopters must have all 2 at least 26 years, unless they have been living 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 the adopted child
Adopters must have 15 more years than the adopted.
The court can still order adoption if the age difference is less than 15 years for legitimate reasons, for example in the case of adoption of a sibling.
In principle, plenary adoption is allowed in favor of a child under 15 years of age.
However, in some cases, plenary adoption is possible for a child aged 15 to 21.
The child to be adopted must have been in the adopters' home for at least 6 months in order to be adopted.
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Child under 15 years old
A minor may be adopted in plenary if he or she is in one of the following situations:
- Minor whose parents or family council have accepted the adoption
- State ward
- Minor declared abandoned by judgment of the court
- Minor foreigner according to the applicable legislation.
Child from 15 to 21 years
A child over 15 years of age may be adopted by the plenary until he was 21 is in one of the following situations:
- Child received before the age of 15 in the adoptive parent's home when the adopters did not meet the conditions for adoption
- Child adopted in simple form before the age of 15
- State ward
- Child declared abandoned by judgment of the court.
A minor over 13 years of age must give his consent before a notary.
Who shall I contact
Consent may also be received by the child welfare service when the child has been handed over to it.
If the minor to be adopted lives abroad, consent to the adoption may be given before a foreigners notary, or before French diplomatic or consular agents.
Who shall I contact
Please note
Only a few embassies or consulates offer a notarial service.
If the minor to be adopted is not in a position to consent personally, the court must obtain the opinion of a ad hoc administrator.
The adopted person may withdraw consent until the adoption is pronounced.
Adopters must obtain prior approval if they wish to adopt a ward of the State or a child foreigner.
Once accredited, 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 should contact Agence française de l'adoption or a body authorized for international adoption.
The minor is entrusted to the adoptive parents by the authority responsible for the child (e.g. Child welfare - ASE).
The minor must be entrusted at least 6 months before applying to the court for adoption.
During the period of placement, adopters may perform the usual acts of parental authority.
Warning
Placement for full adoption prevents the child from being returned to the family of origin. The biological parent who has not recognized the child can no longer recognize the child.
Lawyer
The adopting couple can apply, with or without a lawyer, if the minor to be adopted has been collected at the couple's home before he was 15.
The lawyer is, however mandatory whether the adopted minor has been collected at the adoptive couple's home after the age of 15.
Who shall I contact
If the resources of the adopters are insufficient, they can apply to benefit from legal aid.
Query
The adopting couple sends their request on free paper or using form cerfa n°15736 to public prosecutor :
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 supporting documents (called coins).
Who shall I contact
Warning
The adopting couple must attach to their application a tax stamp of 50 €, unless it benefits from legal aid.
Hearing
The hearing shall be held in ‘ council chamber », i.e. without the presence of the public.
At the hearing, the judge hears the adopters. He verifies that the conditions the adoption is completed and is in the best interests of the adopted minor.
It examines the documents and may have an investigation carried out by any qualified person.
The public prosecutor gives its opinion on the adoption.
Judgment
The judgment shall be delivered in open court.
Even if the legal conditions are met, the court is not not obliged to adopt. It must verify whether the adoption complies with the interests of the adopted child.
Once the decision is made, the adopting couple receives a copy from the court registry.
FYI
Even if full adoption is requested, the court may order a simple adoption. In this case, he must have the agreement of the adopting couple.
Civil status
The decision to adopt the plenary is entered in the civil status registers of the adopted person's place of birth. This transcript shall be made at the request of public prosecutor, within 15 days of the date on which the decision is taken as a final judgment.
When the adopted child was born abroad, the decision was entered in the registers of the central civil registration service 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 booklet.
Relationship with the family of origin
The adopted child acquires a new parentage which replaces the original. The ties with the family of origin are broken.
Parental authority
Adopters practice together parental authority.
Maintenance obligation
The adoption created between the adopted and the adopters maintenance obligation reciprocal. If the adoptee is in need, the adopters must, depending on their resources, provide financial assistance. Similarly, the adoptee must provide financial assistance to adopters if they are in need.
First and last name of the adopted person
Adopters choose, by joint declaration, the last name of the adopted person, or the name of one of them, or their two names side by side in the order chosen by them within the limit of a surname for each of them.
In the absence of a joint declaration, the adopted shall take the name of each of the 2 adopters within the limit of the first surname for each of them joined in alphabetical order.
It is possible to ask the judge for a change of name of the adopted. If the minor is over 13 years of age, he must consent.
Prohibition on marriage
The marriage is prohibited between the adoptee and his family of origin, as well as in the family of the adoptive parents.
Nationality
The child adopted in full during his or her minority automatically obtains french nationality if one of his adoptive parents is French.
Succession
The adopted child inherits from his adoptive family but he no longer inherits in his eventual family of origin.
Plenary adoption is irrevocable.
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Administrative information by telephone - Allô Service Public
For more information on this subject, you can contact Allô Service Public.
Please note: the service does not have access to users' personal files and cannot therefore provide information on their progress.
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The informants who answer you belong to the Department of Justice.
Conditions for the adopter
Conditions for the adopted
Relationship between the adopter and the adopted
Consent to adoption
Placement for adoption
Approval
Adoption judgment
Procedure for consent to adoption
Adoption procedure
Procedure for revocation of adoption
Contribution (tax stamp)
Effects: provisions common to simple and plenary adoption
Effects of 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
Agence française de l'adoption (Afa)