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Simple adoption

01.13.2017

Simple adoption creates a new parent-child relationship between the adopter and the adoptee without severing the family ties between the adoptee and their biological family.

The effects of simple adoption are different from those of full adoption [which terminates all legal connection with the family of origin].

  • What are the effects of a simple adoption?

    • It creates a new parent-child relationship between the adopter and the adoptee. However, unlike full adoption, it does not sever the links between the adoptee and their family of origin. Once the adoption has been formalised, the two parent-child relationships coexist, so the adoptee has two families.

  • What inheritance rights does the adoptee have?

    • A simple adoptee is entitled to inherit from both families. They retain their inheritance rights in the original family and they have the same rights as the biological children of the adopter. However, adoptees and their descendants do not have the status of heir entitled to a reserved portion of the death estate [héritier réservataire] with respect to the adoptive grandparents, who may therefore disinherit them.

  • By which surname is the adoptee known?

    • In principle the adopter's surname is added to the adoptee's surname. It may even replace it. It is also possible to ask the court to change the first name.

  • Under what conditions is a simple adoption possible?

    • Adoption is possible, regardless of the adoptee's age; the adoptee may even be an adult. However, if the adoptee is over 13 years of age, their consent is necessary.

    • The conditions for a simple adoption are the same as for a full adoption. A simple adoption may be converted to a full adoption at a later date.

  • May a simple adoption be revoked?

    • A simple adoption may be revoked by a judge at the request of the adopter or adoptee, but solely for serious reasons (such as serious alcoholism, scandalous misconduct, extortion of funds or ingratitude).

    • If the request for revocation is made by the adopter, the adoptee must be aged over 15.

  • What is the role of the notaire in adoption?

    • The route to adoption is often long and difficult. Do not hesitate to ask your notaire for further information. They can explain the effects of the different procedures (simple and full adoption), and the legal and tax consequences.

See also
29.11.2016
The letter of the notaries of France in the world / November 2016
25.01.2017
French property market report / N°34
congres_notaires_europe_cnue_2017
22.09.2017
4th Congress of the Notaires of Europe
02.10.2017
Conseil du coin : meet a french notaire to a cafe !