What is simple adoption?
Simple adoption confers the name of the adopter to the adopted person by adding it to the latter's name. Where the adopted person and the adopter, or one of them, have two surnames, the name conferred on the adopted person results from the addition of the adopter's name to his or her own name, within the limit of one name for each of them. The choice is made by the adopter, who must obtain the consent of the adopted person aged over thirteen years. In the event of disagreement or in the absence of a choice, the name conferred on the adopted person shall result from the addition of the adopter's first name to the adopted person's first name.
In the case of adoption by two spouses, the name added to the adopted person's name shall, at the request of the adopters, be either that of the husband or that of the wife, within the limit of one name for each of them and, failing agreement between them, the husband's first name. The court may, however, at the request of the adopter, decide that the adopted person shall bear only the name of the adopter. This request may also be made after the adoption. If the adopted person is over thirteen years of age, his or her personal consent to this substitution of the family name is required. (Art. 363 of the Civil Code).
The adopted person remains in his or her family of origin and retains all his or her rights, in particular his or hereditary rights. (Art. 364 of the Civil Code) If there are serious grounds for revocation, the adoption may be revoked at the request of the adopter or the adopted person or, where the latter is a minor, at the request of the public prosecutor. An application for revocation made by the adopter shall be admissible only if the adopted person is over fifteen years of age. Where the adopted person is a minor, the father and mother by blood, or failing that a member of the family of origin up to and including the degree of first cousin, may also request revocation. (Art. 370 of the Civil Code).
In the case of adoption by two spouses, the name added to the adopted person's name shall, at the request of the adopters, be either that of the husband or that of the wife, within the limit of one name for each of them and, failing agreement between them, the husband's first name. The court may, however, at the request of the adopter, decide that the adopted person shall bear only the name of the adopter. This request may also be made after the adoption. If the adopted person is over thirteen years of age, his or her personal consent to this substitution of the family name is required. (Art. 363 of the Civil Code).
The adopted person remains in his or her family of origin and retains all his or her rights, in particular his or hereditary rights. (Art. 364 of the Civil Code) If there are serious grounds for revocation, the adoption may be revoked at the request of the adopter or the adopted person or, where the latter is a minor, at the request of the public prosecutor. An application for revocation made by the adopter shall be admissible only if the adopted person is over fifteen years of age. Where the adopted person is a minor, the father and mother by blood, or failing that a member of the family of origin up to and including the degree of first cousin, may also request revocation. (Art. 370 of the Civil Code).
What is full adoption?
Plenary adoption confers on the child a filiation that replaces his or her original filiation: the adopted child ceases to belong to his or her family by blood.
However, the adoption of a spouse's child leaves his or her original filiation with regard to that spouse and his or her family. It produces, for the rest, the effects of an adoption by two spouses. The adoption confers on the child the name of the adopter.
At the request of the adopter(s), the court may change the child's forenames. If the adopter is a married woman or a married man, the court may, at the request of the adopter, decide in the adoption judgment that the name of the adopter's spouse, subject to the spouse's consent, shall be given to the child.
The court may also, at the request of the adopter and subject to the consent of his or her spouse, confer on the child the joined names of the spouses in the order chosen by them and within the limit of one family name for each of them.
If the husband or wife of the adopter is deceased or unable to express his or her wishes, the court shall make its own decision after consulting the heirs of the deceased or his or her closest successors. Plenary adoption is irrevocable.
However, the adoption of a spouse's child leaves his or her original filiation with regard to that spouse and his or her family. It produces, for the rest, the effects of an adoption by two spouses. The adoption confers on the child the name of the adopter.
At the request of the adopter(s), the court may change the child's forenames. If the adopter is a married woman or a married man, the court may, at the request of the adopter, decide in the adoption judgment that the name of the adopter's spouse, subject to the spouse's consent, shall be given to the child.
The court may also, at the request of the adopter and subject to the consent of his or her spouse, confer on the child the joined names of the spouses in the order chosen by them and within the limit of one family name for each of them.
If the husband or wife of the adopter is deceased or unable to express his or her wishes, the court shall make its own decision after consulting the heirs of the deceased or his or her closest successors. Plenary adoption is irrevocable.
Homoparenting and adoption
Adoption is now available to homosexual couples. It is now possible to adopt a spouse's child.