Adoption of minor by couple
Verified 01 March 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)
You are in a relationship 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 judicial tribunal. Adoption creates a link from parentage between the adopters and the adopted. We present you the information to know.
Adoption creates a bond of parentage between the adopters and the adopted. Adoption can be simple or plenary.
In the case of simple adoption, links with the family of origin are maintained.
In the case of plenary adoption, there is a total rupture the adoptee's ties to 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 adoptive parents and the adopted child
Adopters must have 15 more years than the adopted.
The court can still order the adoption if the age difference is less than 15 years for the right reasons, for example, in the case of the adoption of a sibling.
A minor is adoptable 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 (for example, in case of adoption of a minor foreigner when full adoption does not exist in the country of origin)
- State ward.
Minors over 13 years of age must give its agreement 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 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 in charge of them (Child Social Assistance - ASE...).
The minor must be entrusted at least 6 months before bringing the application for adoption before the court.
During the period of placement, adopters may perform the usual acts of parental authority.
The adopting couple sends their request on free paper or using form cerfa n°15740 to public prosecutor.
Application for simple adoption of a child by spouses, partners or cohabitants
The application must be filed or sent by registered letter with acknowledgement of receipt to the court of the adoptive parents' domicile, accompanied by supporting documents.
Who shall I contact
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 mandatory if the adopted child has been taken in after he turned 15.
If the resources of the adopters are insufficient, they can apply for legal aid.
Warning
You must attach to your request a tax stamp of 50 €, unless you are a beneficiary of legal aid.
Once the decision has been made, the Registrar shall notified to the adoptive couple.
They can challenge the decision before the court of appeal in a 15 days.
Who shall I contact
Vital status
The decision to adopt is simple mentioned in the margin of the adopted person's birth certificate. This registration shall be made at the request of the public prosecutor within 15 days of the date on which it passed in force of res judicata
When the adopted child was born abroad, the decision was 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.
Relationship with the family of origin
The adopted canned all his ties to his family of origin.
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, according to their resources, provide him with financial assistance. Similarly, the adoptee must provide financial assistance to adopters if they are in need.
In principle, the adoptee's parents of origin should not provide financial assistance. They should only help the adoptee financially if the adoptee proves that he cannot get help from his adoptive parents.
First and last name of the adopted person
The name(s) of the adopters shall be added to the name of the adopted person or replaces it. The adopted, if he is over 13 years of age, must give its consent.
Adopters choose the name of one of them who is added to the name of the adopted person.
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, will be called Sofian BALDUIN AVRIL.
Adopters can also replace the adopted person's name. They can choose the name of one or both of them in the order chosen by them, within the 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 age, it must give its consent.
Prohibition of marriage
Marriage is forbidden between adopters, 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 children of the adoptive parents).
Nationality
A child who has been the subject of a simple adoption does not obtain automatically the french nationality if it is adopted by a Frenchman.
He can become French until his majority by declaration.
À its 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 reserving heir 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).
Only the public prosecutor may request revocation adoption, when the adopted person is a minor.
When the adopted becomes major, the adoption may be revoked, at his request or at the request of the adopters.
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
Adopting couple members must have all 2 at least 26 years, unless they have been living together for more than 1 year. In this case they must prove the community of life.
They must all 2 consent to adoption.
Age difference between adoptive parents and the adopted child
Adopters must have 15 more years than the adopted.
The court can still order the adoption if the age difference is less than 15 years for the right reasons, for example, in the case of the adoption of a sibling.
Age
The minor must have under 15 and have has been received at the adoptive home since at least Six months.
However, the plenary adoption of a young person over 15 years of age is possible in the following 2 cases:
- The adopters took him in when he was under 15 and they did not qualify to adopt him
- The adopters adopted the child in a simple form when he was under 15 years of age.
In these 2 cases, adopters can request its adoption until he was 21.
Adoptable child
The following minors may be adopted:
- State ward
- Minor whose parents or family council have accepted the adoption
- Minor declared abandoned by court judgment
- Minor foreigner, depending on the applicable legislation.
Minors over 13 years of age must give its agreement 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 adoption is pronounced.
Adopters must obtain prior approval if they wish to adopt a State ward 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 in charge of them (Child Social Assistance - ASE...).
The minor must be entrusted at least 6 months before bringing the application for adoption before the court.
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 his or her family of origin. The biological parent who has not recognized the child can no longer recognize the child.
The adoptive couple sends their request on free paper or using form cerfa n°15736*03 to public prosecutor.
Application 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 supporting documents.
Who shall I contact
The use of a lawyer is not compulsory if the adopters have taken the minor into their home before he turned 15.
The use of a lawyer is, however mandatory if the adopted child has been taken in after he turned 15.
If the resources of the adopters are insufficient, they can apply for legal aid.
Warning
You must attach to your request a tax stamp of 50 €, unless you are a beneficiary of legal aid.
Once the decision has been made, the Registrar shall notified to the adoptive couple.
They can challenge the decision before the court of appeal in a 15 days.
Who shall I contact
Vital status
The decision to adopt the plenary is entered in the civil registry 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 in force of res judicata
When the adopted child was born abroad, the decision was 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.
Relationship with the family of origin
The adoptee 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, according to their resources, provide him with 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, on surname 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 statement, the adopted person takes the names of each of the two 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 name change of the adopted. If the minor is over 13 years of age, he must consent.
Prohibition of 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 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 and the ascendants of the adopters.
He is the heir to his adoptive family.
The plenary adoption is irrevocable.
Who can help me?
Find who can answer your questions in your region
Administrative information by phone - Allô Service Public
For more information on this subject, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and therefore cannot provide information on their progress.
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- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30Horaires exceptionnels le jeudi 2 avril de 08h30 à 09h45 et de 14h00 à 17h30
- Vendredi : de 13h00 à 16h15
- Service free
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 person
Consent to adoption
Placement for adoption
Approval
Judgment of adoption
Procedure for consent to adoption
Adoption procedure
Procedure for revoking 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
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French Adoption Agency (Afa)