Intra-family adoption (by a family member) is much more common than you might think. It even constitutes the majority of simple adoptions in France. Who can adopt a family member? What are the steps to take? Some elements of explanation.

With increasingly blended families, the question of adopting a spouse’s child now arises frequently. And it is the Civil Code and its articles 343 et seq. Which provides answers to the questions of parents… and in-laws!

What are the conditions for adopting a spouse’s child?

 French law allows the adoption of a spouse’s child on a precondition: that the partners are married. Indeed, PACS or cohabiting partners cannot claim this type of adoption. And for good reason: it would make the biological father or mother lose their parental rights.

Beyond this marital condition, the law stipulates that filiation with the child of his spouse is possible if:

• the adopter is more than 10 years old than the child to be adopted (compared to 15 for an adoption outside the family),
• the consent of the spouse and the other biological parent, if the latter is not unable to come forward or if he has not lost parental authority (for minor children).
• the child has already been adopted by the spouse, within the framework of a simple or plenary procedure.

Note: if the child is over 13 years old, he or she must also give his consent to his adoption.

Full adoption or simple adoption?

In the vast majority of cases, the simple adoption procedure is preferred in order to maintain the bond of prior filiation. However, in certain situations, specified by article 345-1 of the Civil Code, a full adoption of the child of the spouse is possible. These special cases:

• when the child has legally established filiation only with regard to the spouse (case for example of a child who would not have been recognized at birth by his second parent).
• when the child has been the subject of a full adoption by this sole spouse and has no filiation established except in respect of him,
• when the other biological parent has had parental authority completely withdrawn,
• when the other biological parent has died and has not left any first-degree ascendants or when they have not shown interest in the child.

What are the steps to adopt the child of your spouse?

To adopt a member of his family and in particular the child of his partner, the adopter is not required to obtain approval. He can directly initiate the adoption procedure with the Tribunal de Grande Instance (TGI). The judge then checks that all the conditions necessary for the adoption are met and that the adoption is in the interest of the minor.

What are the effects of this adoption on the child and the family?

The maintenance obligation (reciprocal financial support), the change of name, marital prohibitions, the right of inheritance … By adopting the child of his spouse within the framework of a simple procedure, the spouse benefits from the same rights and must respect the same obligations as any other adopting adult.

He / she also becomes the holder of parental authority, even if it is the “biological” spouse who retains it. By each making a declaration to the TGI, the parents (adoptive or biological) can however request the sharing of the exercise of parental authority.

Intra-family adoption is authorized by French law and governed, again, by articles 343 et seq. Of the Civil Code. This is generally a so-called simple adoption, the decision-making bodies preferring, here again, to keep the previous parentage links. The objective: to ensure that the child does not lose his “genealogical” references.

Who can adopt whom in a family?

It is possible to adopt a child or a member of his family as long as there is at least a sixth degree relationship (first cousin). As the adoption is simple, the law does not impose an age limit for the adoptee (article 360 ​​of the Civil Code).

In addition, the law tends to facilitate the adoption of a family member. Thus, in the event of an intra-family adoption of a child under 2 years of age, the infant must not be handed over to the Child Social Assistance (ASE) beforehand, unlike conventional adoptions (article 348). -5 of the Civil Code). For adoption to be possible, the father and mother or the family council must have consented to the adoption as well as the child himself, if he is over 13 years old.

What are the steps to take to adopt a child from the family?

The adoption of a child from his family is part of the usual procedure in the case of simple adoption. The only difference: the adopter does not need to obtain prior approval to adopt his cousin, niece, etc.

What if the adoptee is of age?

The law also allows the adoption of an adult family member. The procedure is, in this case, always simple. Approaches ? It is enough for the adoptee to give his consent and for the adopter to initiate the usual procedure with the Tribunal de Grande Instance (TGI). As for the adoption of a minor, the judge then checks the conformity of the request with the law and the interests of the adopted child, before ruling.

If the child to be adopted resides abroad and does not have French nationality, the adopter must necessarily initiate international proceedings. It is then not only French law, but also the law of the country of origin in matters of adoption that apply.

 First imperative step whether the child is that of his spouse or another member of the family: ensure that the country of origin is a signatory to the 1993 Hague Convention on the protection of children and cooperation in matters of international adoption. Indeed, if this is not the case (as in some Muslim countries), adoption will unfortunately be impossible.

Once this first check has been made, it is up to the adopter to:

• complete the information form as quickly as possible of the International Adoption Mission (see below) to put together a file.
• find out about adoption procedures in the country concerned. Indeed, some States favor full international adoptions, which could be difficult to have recognized in France; others have set age limits for intercountry adoption. It is therefore essential to verify that your request complies with its local provisions.

Subsequently, the international procedure follows its usual course with a distinction according to the status of the child:

• if the child is the spouse of the adopter, it is not necessary to obtain approval.
• if the child is another member of the family, approval will be required to complete the procedure.