Adoption by a Same-Sex Couple: The Rennes Court of Appeal Clarifies the Rules in 2025

In Ramonville-Saint-Agne, in the suburbs of Toulouse, Julie and Sophie, married since 2020, decided to expand their family. After welcoming a child born abroad through surrogacy (gestation pour autrui – GPA), they initiated adoption proceedings to establish a legal bond with their daughter. However, the first instance court rejected their application, ruling that recourse to surrogacy was contrary to French public policy. This decision, even before being notified, plunged them into uncertainty. How could they have their filiation recognised when they have been the child's de facto parents since birth?

This situation, unfortunately common, illustrates the complexity of adoption law for same-sex couples. While the law of 17 May 2013 opened marriage and adoption to same-sex couples, the courts often remain cautious regarding international procreation methods. The Rennes Court of Appeal recently ruled on a similar case, providing valuable clarifications. So, does this decision facilitate adoption for same-sex couples? What are the conditions to be met? And what should you do if you are in this situation?

In this article, I explain the judges' reasoning, the concrete implications for adoptive parents, and the precautions to take to avoid a refusal. Whether you are in a same-sex couple, an intended parent, or simply curious, this information concerns you.

The facts: a story like many others

Mr and Mrs B., a same-sex couple married since 2016, live in Blagnac, near Toulouse. In 2021, they welcomed a child born in Canada, conceived by artificial insemination with an anonymous donor, and only one of them is the biological mother. For the other woman to also become a legal parent, they filed a petition for simple adoption before the Toulouse Judicial Court. The public prosecutor's office (ministère public) opposed the request, considering that the adoption would circumvent the rules of biological filiation and defraud French law.

The first instance court ruled against them: it refused the adoption on the grounds that the intended mother had no biological link with the child, and that the situation would be contrary to the child's best interests as it would create confusion in his filiation. The couple appealed. The Rennes Court of Appeal was seized (the case was transferred for workload reasons). This is where the story takes a turn.

Before the court, the lawyers of both parties argued. The couple maintained that simple adoption does not create an exclusive filiation link, but is superimposed on the existing biological filiation. The child needs two legal parents, and the intended mother is the one who cares for him daily. The public prosecutor, for his part, maintained that the adoption is not in conformity with French public policy because it disregards the principle of biological truth.

On 2 April 2025, the court delivered its judgment: it reversed the first instance decision and granted the simple adoption. A victory for the couple, but a decision that is not final (an appeal in cassation is possible).

The court's reasoning — broken down

The court relied on several texts. First, Article 353-1 of the Civil Code (governing simple adoption): it requires that the adoption be in the child's best interests, that the legal conditions be met, and that there be no fraud. Next, Article 8 of the European Convention on Human Rights (respect for private and family life). But also the case law of the Court of Cassation, notably the judgment of 3 July 2024 which admits adoption by the same-sex spouse even in the case of surrogacy abroad, under certain conditions.

The judges' reasoning is as follows: simple adoption does not deprive the child of his biological filiation. It adds an additional legal link, which strengthens his emotional and material stability. The court dismissed the argument of fraud: the couple did not seek to circumvent the law, but simply wanted to provide a legal framework for an existing family situation. It emphasised that the child has lived with both mothers since birth, and that refusing them adoption would be contrary to his best interests (a principle set out in Article 3 of the International Convention on the Rights of the Child).

A crucial point: the court distinguishes simple adoption from full adoption (adoption plénière). The latter erases the original filiation, which would be problematic here. But simple adoption maintains it, which respects public policy. Finally, it recalls that same-sex marriage is legal in France, and that adoptive filiation must be its corollary.

This decision follows recent case law: it confirms a trend towards liberalisation. However, it is not a reversal, as the Court of Cassation had already opened this path in 2024. The Rennes judges are simply applying the principles to a concrete case.

What this means for you — practically

If you are a married same-sex couple and wish to adopt your spouse's child (simple adoption), this decision is a strong signal. From now on, appeal judges are more inclined to grant the request, even if the child was born abroad through surrogacy or artificial insemination. But beware: each case is assessed individually. Here are the key points to remember.

For intended parents: you must prove that the adoption is in the child's best interests. This involves establishing a continuous emotional relationship and a coherent family project. For example, if you live in Blagnac and have cared for the child since birth, you have good chances. Conversely, if the child is older and you have just met, the judge will be more demanding.

For biological mothers: you must consent to the adoption. Without your agreement, the procedure fails. The withdrawal period is two months after signing the consent.

A concrete example: legal fees for a simple adoption procedure can vary from €1,500 to €4,000, depending on complexity. But this cost is much lower than that of a paternity challenge or an action to establish maternity. Above all, it guarantees legal security for the child.

If you find yourself in a similar situation, you must act quickly: the limitation period for an adoption action is two years from the child's birth (Article 361 of the Civil Code). After this time, you risk losing your chances.

Four tips to avoid this type of dispute

• Gather evidence of your family life: photos, witness statements, medical reports, anything that shows your parental role. The stronger your file, the less the public prosecutor can oppose.
• Consult a specialised lawyer before filing the petition: a professional can assess the chances of success and prepare an impeccable file. In Ramonville-Saint-Agne, Maître Perucca offers a first consultation at €45.
• Prefer simple adoption over full adoption: it is better accepted by the courts because it does not break the biological link. If your situation permits, this is the safest route.
• Anticipate the public prosecutor's opinion: the ministère public is systematically heard. Prepare strong arguments on the child's best interests and the absence of fraud. A preliminary meeting with the prosecutor can sometimes remove obstacles.

In depth: related case law and developments

This decision is part of a favourable line of case law. In 2021, the Court of Cassation already allowed simple adoption by the same-sex spouse in the case of surrogacy abroad (Cass. 1ère civ., 8 July 2021). More recently, the judgment of 3 July 2024 (no. 22-50.001) confirmed this orientation, specifying that French public policy does not oppose simple adoption if it is in the child's best interests.

The trend is therefore towards liberalisation of adoption for same-sex couples. However, a divergence should be noted with the position of the Belgian Court of Cassation, which is stricter. In France, the courts of appeal now follow a clear course: priority is given to the best interests of the child, rather than moral considerations on procreation methods.

In the future, the question of full adoption by same-sex couples may be raised. But for now, simple adoption is the royal road. If you are concerned, do not wait for the case law to change: the law evolves, but it is better to act quickly.

Key points to remember

Frequently Asked Questions

Q: Can I adopt my partner's child if we are not married?
A: No, simple adoption by a spouse requires marriage. If you are in a civil partnership or cohabiting, you must first get married.

Q: How long does the procedure take?
A: On average 6 to 12 months, depending on complexity. If the public prosecutor opposes, it may take longer.

Q: Is there a risk that the adoption will be annulled?
A: Yes, if the public prosecutor files an appeal in cassation. But the deadlines are short (2 months to appeal).

Q: What if my child is an adult?
A: Simple adoption is possible for an adult, with their consent. But the conditions are stricter (notably the emotional link must have existed before majority).

Q: Does adoption change the surname?
A: Yes, the adopted person may take the surname of the adopter, or add it. This choice must be made in the petition.

In summary, this decision by the Rennes Court of Appeal is good news for same-sex parents. It clarifies the rules and reassures them about the possibility of having their family legally recognised. But each case is unique: do not proceed without advice.

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