Simple adoption

Updated on Tuesday 20 September 2022

Simple adoption creates a new kinship bond between the adopter and the adoptee but however doesn’t remove the kinship ties which exist between the adoptee and his biological family.

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What are the consequences of simple adoption?

The effects of simple adoption differ from those of full adoption. It forges a new bond of filiation between the adopter and the adoptee.

Though, unlike full adoption, it does not break the relationship between the adoptee and his family of origin. Once it has been pronounced, the two filiation ties coexist: the adoptee has two families.

Simple adoption and inheritance law

The adoptee is designated to inherit through his two families. On one hand, he retains his inheritance rights in his family of origin.

On the other hand, he enjoys the same rights as the biological children of the adopter. However, the adoptee and his descendants do not have the status of forced heir, in regard to the adoptive grandparents, who can disinherit him.

Simple adoption: what is the adopted child's name?

In principle, the name of the adopter is added to the name of the adoptee. This can even be replaced. It is also possible to ask the court to change the first name.

Is simple adoption revocable?

It can be revoked by the judge at the request of the adopter or adoptee, but only due to serious reasons (serious alcoholism, scandalous misconduct, extortion, ingratitude, etc.).

If the revocation request is made by the adopter, the adoptee must be over 15 years of age. For minors, only the public prosecutor can request the revocation of the adoption.

Under what conditions is a simple adoption possible?

Regardless of the age of the adoptee; he can be of age. However, if he is over thirteen, his consent is required.

The conditions for implementing simple adoption are the same as for full adoption. Simple adoption can also be turned into full adoption.