Governed by articles 360 and following of the Civil Code, simple adoption creates, like full adoption, a bond of filiation. However, where, in the case of full adoption, this new family bond replaces the old one, with simple adoption, the adoptee (child or adult) retains his ties with his family of origin.

Why a simple adoption?

By keeping the previous parentage, simple adoption makes it possible to respond to family issues other than full adoption. In fact, very often, adopters and adoptees do not wish to sever ties with the family of origin, like the adoption of a member of his family or the child of his spouse. In addition, with its less strict conditions (age, reception procedures, etc.), simple adoption creates a legal and family bond between 2 adults, which is not possible with full adoption. Another special feature of simple adoption is that it can be revoked for serious reasons.

Finally, when full adoption is not possible (see below), simple adoption still allows this much desired parent-child bond to be established.

Who can benefit from a simple adoption?

Article 360 ​​of the Civil Code stipulates that “Simple adoption is permitted regardless of the age of the adoptee”. While the law therefore does not provide for age restrictions, it nevertheless recalls that beyond the age of 13, the adoptee must give his personal consent to being accepted in a new family.

Can be adopted under this procedure:

• the wards of the State,
• children whose family of origin has consented to the adoption,
• children whose abandonment has been recognized by the courts,
• children who cannot benefit from full adoption (in the event of failure of a plenary procedure or if, during an adoption abroad, full adoption does not exist in the State of origin ).
• children previously adopted by a single member of the couple,
• children born from a previous union of the spouse (double filiation established) and whose mother or father has given his consent to the adoption.

Who can adopt?

Whether it is a simple or full adoption, articles 343 et seq. Of the Civil Code specify the prerequisites for adoption. Thus, people can adopt:

• alone, over 28 years old,
• married for at least 2 years, or having more than 28 years (except in the case of the adoption of the child of a spouse) provided that they are not separated from body,
• being over 15 years of age than the child they will adopt (10 in the case of the adoption of the spouse’s child).

Note: if single people can adopt, couples in concubinage or PACS cannot initiate proceedings together. The adoption request must then be made by one of the members of the couple with the possibility for his spouse to make a subsequent simple adoption request.

What are the effects of simple adoption?

With simple adoption, the adopted child retains his ties with his family of origin. He also keeps his last name to which is added the name of his adoptive parents. Adopters can, however, request a replacement, or even a change of first name, with the final decision resting with the court.

 The other consequences of simple adoption:

• parental authority is assigned to the adoptive parents (except in the case of adoption of a child of the spouse who then retains sole exercise of this authority),
• the adopted child can inherit both his family of origin and his adoptive family. These adoptive grandparents can, however, decide to exclude him from their inheritance, because he is not recognized as a reserved heir.
• a maintenance obligation (financial support) is recognized between the child and his adoptive parents, but also, if necessary, between him and his biological parents.
• the adopted child and the members of his family are subject to certain marital prohibitions (between the adoptee and the adopter, his descendants, the adoptee and the adopter’s spouse, etc.)

On the other hand, a child adopted abroad or of foreign origin who may have benefited from a simple adoption cannot automatically claim French nationality. However, he can obtain it by making a request.

Governed by articles 343 et seq. Of the Civil Code, full adoption is a very impactful process for families. The explanation: irrevocable, this type of adoption definitively puts an end to the ties of filiation between the adoptee and his biological family..

Why a full adoption?

Full adoption is probably the procedure that allows adopters to feel “the most” parents. Unlike a simple adoption where the new family ties are added to the old ones, the filiation resulting from a full adoption comes purely and simply to replace the biological ties and thus “make a clean sweep of the past”. With his decision, the judge of first instance annuls the child’s original birth certificate and on his civil status documents only one name appears: that of his adoptive family.

Who can benefit from a full adoption?

To adopt a child in a “full” manner, the latter must be, except in exceptional cases, under 15 years of age. If the child is over 13 years old, he must give his consent to the adoption.

 He can be :

• a ward of the state,
• a child whose family of origin has consented to the adoption,
• a child whose abandonment has been recognized by the courts,
• a child adopted abroad if the legislation of his country of origin allows it.

Note: the children of the spouse can also be adopted in the framework of a plenary procedure, but if this is rarely admitted by the courts. However, they both retain their double parentage: adoptive and biological.

Who can adopt?

The age and marital status conditions are the same for full and simple adoption (see above).

What are the effects of full adoption?

 Beyond the new filiation and its final nature, full adoption opens certain rights and obligations to the adopted child and his new family. To know :

• parental authority is exclusively exercised by the adopters. The only exception: in the event of the adoption of a husband’s child, it is exercised jointly.
• a maintenance obligation binds the adopted child to the adopters and vice versa.
• the minor child of foreign origin automatically acquires French nationality through full adoption.
• in matters of inheritance, the adopted child can inherit from his adoptive parents, but not from his biological parents.
• the child and members of his family are subject to certain prohibitions relating to marriage (no union in the biological or adoptive family).

Whether the adoption is simple or full, the wait before obtaining the final judgment of the Tribunal de Grande Instance can be long, even very long. According to Enfance et Famille d’Adoption, the deadlines thus varied, in 2015, between 4 years for an adoption abroad and 5 years (or even more) for an adoption in France.

These delays are explained not only by the strong demand and the reduced number of children to be adopted (around 2000 for adoption in France), but also by the complexity of the administrative procedures and in particular by:

• obtaining accreditation for the adoption of minor children (simple or full procedures, in France or abroad) which usually lasts for at least 9 months, as provided for in the Social Action and Families Code,
• the application for adoption from the Child Social Assistance (ASE) if the child is a minor and ward of the State or taken in by an Authorized Adoption Organization (OAA). Placement on the waiting list before matching by the Family Council can then last several years.
• the adoption judgment (supply of parts, decision of the TGI, appeal period and verifications) which also generally involves a wait of 6 to 8 months.

 In addition to this often grueling procedure for families and children:

• in the event of full adoption of a ward of the State or of a minor, putting the family in touch with the child to be adopted (1 week to 3 months depending on his age) and temporary placement in the adoptive family for 6 months,
• in the event of adoption abroad, additional constraints related to local law (specific legislation, translation of official documents, visa applications, etc.)

Good news, however: the procedures are considerably simplified and the waiting times reduced in the case of a simple adoption, especially if it is intra-family, if it concerns the child of the spouse or the adoption of a child. adult for whom only a decision of the TGI is necessary after consent of the adult candidate for adoption.