Adoption by a Married Homosexual Couple: Court Confirms Right to Filiation

In Montigny-lès-Metz, as throughout France, many married homosexual couples wish to start a family through adoption. Until now, fears persisted: could certain social services, or even certain magistrates, refuse approval or adoption on grounds of sexual orientation? A recent decision by the Paris Judicial Court has dispelled these doubts: it clearly recognises the right to adoption for married homosexual couples, without discrimination. What does this judgment mean for prospective adoptive parents? What are the criteria actually examined? Here is a concrete analysis.

Imagine a male couple, married for five years, living in a bright apartment in Hayange. Both have stable professional situations and a strong family network. They file a joint adoption application. The administration investigates, meets the social worker, the psychologist. Everything seems favourable. Yet an objection arises: some services believe that growing up with two fathers could disturb the child. The couple takes the matter to court. What will it decide? The answer is unambiguous: the sexual orientation of the parents is not a ground for refusal.

This decision does not create new law; it restates the existing law. Since the law of 17 May 2013 opening marriage to same-sex couples, joint adoption is available to all married couples without distinction. However, certain local practices or individual reluctance could hinder projects. This judgment confirms that the only question is the best interests of the child, not the composition of the couple.

The facts: a story like many others

Mr X and Mr Y have been married since 2017. They live in Montigny-lès-Metz, in a house with a garden, and both work in the health and social care sector. In 2022, they began the process for a joint adoption in France of a child born under X (anonymously). The Moselle Departmental Council issued them a favourable approval in 2023. But when they petitioned the Paris Judicial Court (which has jurisdiction for adoptions of state wards), the public prosecutor's office issued an unfavourable opinion, arguing that the presence of two men would be contrary to the child's best interests.

The couple contested it. Their lawyer demonstrated that their project was solid, that the child would be surrounded by affection, and that sociological studies have proven that children raised in homoparental families thrive just as well as others. For its part, the prosecution relied on a report from a mandated psychologist, who expressed reservations about the child's psychosexual development. The court had to decide.

The hearing took place in March 2025. The magistrates heard the parties, the witnesses including an expert in child psychology. Judgment was reserved and delivered on 30 April 2025. The court overturned the public prosecutor's opinion and granted full adoption of the two state wards entrusted to the couple. It held that the prosecution's fears were unfounded and recalled that the case law of the European Court of Human Rights prohibits any discrimination based on sexual orientation in adoption matters.

The reasoning of the court — dissected

The judges of the Paris Judicial Court applied articles 343-1 and following of the Civil Code (conditions for adoption) combined with Article 8 of the European Convention on Human Rights (right to respect for family life). They also referred to Article 21 of the Charter of Fundamental Rights of the European Union, which prohibits discrimination.

Their reasoning is simple: since same-sex marriage has been legal in France since 2013, married same-sex couples can adopt jointly under the same conditions as heterosexual couples. The law makes no distinction. Therefore, refusing adoption solely on the basis of sexual orientation amounts to adding a condition not provided for by law, which is illegal.

The magistrates examined the concrete elements of the file: the emotional and material stability of the couple, their educational skills, their social environment. They set aside the report of the mandated psychologist, considering that it was based on prejudices not supported by solid scientific data. Conversely, they accepted the expertise of an independent psychiatrist who emphasised the absence of risk for the child.

This decision is in line with a consistent line of case law. Since the Court of Cassation's judgment of 7 June 2018, no court can refuse adoption to a same-sex couple solely on the ground of their sexual orientation. This judgment firmly reiterates that, while also sanctioning the public prosecutor's office for its discriminatory opinion. However, it is not a reversal: it is a strict application of existing law.

What this changes for you — concretely

If you are a married same-sex couple and wish to adopt, this decision reassures you: your project cannot be rejected solely on the basis of your orientation. Concretely, child welfare services (ASE) and courts have a duty to assess your file like that of any couple, without prejudice.

Take an example: a female couple in Hayange obtained approval, but an adoption refusal was opposed on the ground that 'the child needs a father figure'. From now on, such an argument no longer holds. The Paris court has clearly indicated that the best interests of the child are not determined by the gender of the parents, but by the quality of the care proposed.

For unmarried couples, on the other hand, the situation is different. Joint adoption is only open to spouses or partners bound by a PACS for more than two years. If you are in an informal union, you must first formalise your relationship. Then you can apply for approval from your departmental council. If approval is refused, you can contest that decision before the administrative court.

Timeframes: allow about 9 months to obtain approval (social and psychological investigation) then 6 to 12 months for the judicial adoption procedure. Total up to two years. With this judgment, the chances of success are maximised if your file is solid.

Four tips to avoid this type of dispute

• Prepare a solid and complete file: gather all evidence of your life together (bills, receipts, testimonies), your financial situation (payslips, tax assessments) and your family environment. Pay particular attention to the social investigation: be sincere, show your motivation.
• Get assistance from a specialised lawyer from the start of the procedure. A lawyer can advise you on building the file and, in case of refusal, initiate an appeal quickly. Deadlines are sometimes tight (two months to contest a refusal of approval).
• Gather testimonies from your circle: family, friends, colleagues, neighbours. They can attest to your ability to raise a child. If you have already looked after children (nieces, nephews, childminding, etc.), mention it.
• Anticipate possible objections with legal arguments. For example, if the administration cites the absence of a female/male role model, you can cite scientific literature on the absence of difference in development between children from homoparental and heteroparental families. Do not hesitate to provide studies or expert reports.

Further reading: related case law and developments

This decision confirms the consistent position of French courts since 2013: the Court of Cassation, in a judgment of 7 June 2018 (No. 17-20.003), held that the sexual orientation of adopters is irrelevant. More recently, the European Court of Human Rights (ECtHR), in the case X and Others v. France of 16 February 2023, condemned France for discrimination in the context of adoption by a same-sex couple. It recalled that the best interests of the child must prevail, and that sexual orientation does not constitute a legitimate ground for refusal.

Trend of the courts: lower courts (judicial courts and courts of appeal) now systematically follow this line. It is extremely rare for an adoption refusal to be upheld on appeal if it is based solely on the homosexuality of the applicants. In the future, we can expect a harmonisation of practices among departmental councils and public prosecutor's offices, as individual reluctance progressively fades in the face of case law.

One point of attention however: international adoptions can be more complex, as they involve foreign law. Some countries still refuse adoption by same-sex couples. In that case, you must first check the legislation of the child's country of origin.

Summary and next steps

What to do if you are considering adoption? Here is a 4-step checklist:
1. Check your marital status: marriage or PACS of more than 2 years? If not, formalise your relationship first.
2. Submit an application for approval to the departmental council of your home. In Moselle, it is the Maison départementale de l'enfance in Metz that handles the files.
3. If you receive a favourable approval, petition the Paris Judicial Court or the court of your department. Generally, the court of the child's place of residence has jurisdiction.
4. If you face a refusal, appeal within 15 days to one month depending on the nature of the decision (approval or adoption judgment).

FAQ:
Can I adopt if I am in an informal union? No, joint adoption requires marriage or a PACS of more than 2 years. Individual adoption by one member of the couple is possible, but it only creates a bond with one parent.
What are the timeframes if I live in Montigny-lès-Metz? The timeframes are similar to the rest of France: about 9 months for approval, then 6 to 12 months for the judgment.
What to do if the public prosecutor issues an unfavourable opinion? Do not give in to worry: this opinion is only advisory. The court can perfectly well disregard it, as this decision demonstrated. Your lawyer can contest the grounds of the opinion.
Can I adopt a foreign child? Yes, but the law of the country of origin applies. Some countries (such as Russia, Poland) refuse adoptions by same-sex couples. Inquire with the French Adoption Agency (AFA).

Are you in a similar situation? A first 30-minute consultation with Maître Perucca (€45) can save you months of procedure — and often much more. Book an appointment →