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Full adoption: a new family bond
This method of adoption, which applies to children under the age of 15 (ward of the State, child declared abandoned, etc.) – except in specific cases – involves the creation of a new link of parentage. All contact with the family of origin is therefore systematically broken, a new birth certificate is established and the child takes the name of one or more adopters. They can also ask to give it a new first name. It all depends on the desires of each family. And – if he was not – he is then considered French from birth. This mode of adoption is irrevocable.
Simple adoption: a filiation that maintains the bond
As with full adoption, l’adoption simple creates a bond of filiation between the child and the adopter. But the links with the family of origin can be maintained, and the adoption can equally well concern a person of full age – provided that the age difference is at least 15 years old with adopters (10 years if it is the child of one of the spouses) – only a minor. Generally, we observe that this process is part of a family reorganization, when one of the two spouses wishes to adopt the other’s child. But the situations are extremely varied and sometimes complex. Identity side, the name of the new family is added to that, of origin, of the adoptee. But it can also replace it. And, as with full adoption, the adopted child can be assigned a new first name, upon special request to the judge. On the other hand, the automatic acquisition of French nationality does not exist in this framework of “simple” adoption. It is the child who will have to make a declaration to request it.
-> Find out how to obtain approval for adoption and all the steps to adopt a child.
Everything you need to know about the difference between simple adoption and full adoption.
In video: Simple adoption and full adoption: what is the difference?
Authority, obligations, succession: the consequences of a simple or full adoption
- In the context of a simple adoption, authority is entrusted exclusively to the adopter. One exception: unless it is the biological child of one of the spouses. A maintenance obligation also arises (and vice versa). But, in the event that the adoptive parents do not fulfill it, the child can turn to his biological parents to provide for his needs … Note: the adoption is revocable at the request of the adoptee or the adopter. (for an adult) or by the public prosecutor (for a minor). Finally, the adoptee inherits from two families: adoptive and biological.
- In the context of a full adoption, the child is the successor of his adoptive parents only who, moreover, exercise exclusive authority over him. Finally, any marriage is prohibited for him with a member of his family of origin or of his adoptive family.
- To learn more about simple and full adoption: https://www.service-public.fr/particuliers/vosdroits/F15246
- To know all the steps of the adoption, go to the government website.