Adoption by Same-Sex Couples: Lille Court Clarifies Conditions

In Sedan, Marc and Julien have been together for ten years, married for five. Their project to start a family was stymied by a simple question: can a same-sex couple adopt in France without hindrance? Every evening, browsing forums, they came across contradictory answers. 'Some say it's impossible, others that it depends on the judge,' sighs Marc. In April 2025, the Lille Judicial Court ruled on their case, and its decision now sheds light across the country.

This case concerns not only Marc and Julien. It affects all couples wishing to adopt, regardless of their sexual orientation. For although the law has authorised adoption by married couples since 2013, the practices of the courts sometimes remained hesitant. Today, a milestone has been reached: the Lille magistrates remind that a refusal based solely on homosexuality would be discrimination.

So, what criteria are actually examined? How to prepare your file to avoid rejection? And what to do if you face a refusal? Let's dive into this judgment that will be a landmark in the jurisdictions of Reims, Lille and beyond.

The facts: a story like so many others

Marc (35, accountant) and Julien (38, nurse) have lived in Sedan since their marriage. In 2023, they applied for adoption approval from the Ardennes department services. Their social inquiry went smoothly: stable housing, sufficient income, solid educational project. Yet in January 2024, the approval committee issued an unfavourable opinion. Official reason: 'affective immaturity of the couple'. But during the interview, a social worker had hinted: 'You understand, a child needs a maternal figure.'

The couple challenged this opinion before the Lille Judicial Court, which had jurisdiction because they had elected domicile with a lawyer there. The hearing took place in March 2025. Their lawyer demonstrated that the committee's reservations were based on no objective element, but solely on stereotypes. He produced character references from their entourage, a favourable psychological expert report, and highlighted that several children had already been placed with same-sex couples in other departments.

On 20 April 2025, the court rendered its judgment. It annulled the unfavourable opinion and ordered the department to grant the approval. The judges considered that the committee's reasoning was 'insufficient and discriminatory'. Marc and Julien can now begin the steps to adopt a child. 'It's a relief, but also a victory for all those who come after us,' says Julien.

The reasoning of the court — dissected

The court relies on two legal pillars. First, Article 8 of the European Convention on Human Rights, which protects the right to private and family life. Second, Article 343-1 of the Civil Code, which sets out the conditions for approval: it is granted if the application 'is in the best interests of the child' and if the applicant 'provides sufficient guarantees of care'. Nothing in the law requires a difference of sex between the adopters.

The judges note that the approval committee did not contest the couple's educational capacities. It merely invoked an 'affective immaturity' without supporting it with precise facts. However, to refuse approval, the authorities must give concrete and non-discriminatory reasons for their decision. The mere fact of being homosexual cannot justify a refusal, on pain of violating the principle of equality.

This decision is part of a national trend. Since the Taubira Law of 2013, courts regularly validate adoptions by same-sex couples. However, some approval committees continue to hold back. Here, the Lille court sends a clear message: sexual orientation is not a criterion, and a poorly reasoned refusal will be overturned. Note that the Court of Cassation had already ruled in 2019 that homosexuality could not be an obstacle to adoption (Cass. civ. 1st, 24 April 2019). This new decision thus confirms a now well-established line.

What this changes for you — practically

If you are a same-sex couple candidate for adoption, this decision strengthens your rights. You can now demand precise reasons in case of refusal. For example, a rejection based on 'absence of a female role model' would be illegal. You must therefore prepare your file carefully: professional stability, care project, psychological references.

If you are a heterosexual couple, this decision also concerns you: it reminds that the child's best interests prevail over any other consideration. The criteria are the same for everyone. An arbitrary refusal can be challenged. Imagine a couple in Vitry-le-François who are refused approval for 'lack of maturity' without evidence. Thanks to this judgment, they can take the matter to the administrative court by invoking lack of serious reasoning.

Parents who have already obtained approval can also find comfort: their journey is legitimised. For professionals (social workers, psychologists), the decision reminds that assessments must be based on objective elements, not on prejudices. In practice, if you face a refusal, you have two months to challenge it before the administrative court. The deadline is short: act quickly.

Four tips to avoid this type of dispute

• Anticipate the social inquiry: prepare a complete file describing your family project, your support network, and your care capacities. Do not hesitate to include letters of recommendation from your entourage.
• Get support from a specialised lawyer: from the moment you file your application, a lawyer can advise you on building the file and represent you in case of challenge. This significantly increases your chances.
• Document exchanges: keep a written record of all interviews with social workers. If discriminatory remarks are made, note them down. They can be used before the judge.
• Challenge any refusal quickly: do not let the two-month appeal period pass. A gracious appeal may sometimes suffice, but a contentious appeal is safer.

Further reading: related case law and developments

Several earlier decisions go in the same direction. The Douai Court of Appeal, in 2021, had already annulled a refusal of approval for a female couple, holding that the absence of a male referent was not a valid reason. Conversely, in 2018, the Toulouse Administrative Court upheld a refusal for a male couple, based on their 'professional instability'. The difference? In the latter case, the reason was objective.

With this decision from Lille, case law is consolidating. Judges are increasingly attentive to the reasoning of committees. We can expect that poorly substantiated refusals will decrease. In the future, the legislature might even clarify the criteria to harmonise departmental practices. In the meantime, every favourable decision strengthens equal access to adoption.

Frequently asked questions

Can a same-sex couple adopt in France today? Yes, since the law of 17 May 2013 opening marriage to same-sex couples, married couples can adopt jointly (plenary or simple adoption). Sexual orientation is not a legal obstacle.

What to do if approval is refused? You can challenge the decision before the administrative court within two months of notification. It is strongly recommended to hire a lawyer to prepare a solid appeal, demonstrating that the refusal is unfounded or discriminatory.

Is the social inquiry different for same-sex couples? No, in theory. But in practice, some social workers may project their prejudices. You have the right to request a replacement if you believe they are not impartial.

How much does a challenge procedure cost? Lawyer fees vary, expect between £1,500 and £3,000 for a full procedure. An initial consultation at £45 may already guide you. The stakes are worth it.

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 →