Full Adoption: Conditions and Legal Effects After the Nanterre Decision

Imagine: in Perpignan, Sophie and Julien have been a couple for six years. Julien has raised Sophie's son, Lucas, now aged 8, as his own child. But legally, Julien has no filiation link with Lucas. What would happen if something happened to Sophie? Julien could lose all rights over the child he considers his own. This question haunts many stepparents. Full adoption (which creates an exclusive and irrevocable filiation link) then appears as a solution. But under what conditions can it be obtained? And what are its effects?

On 29 June 2024, the Nanterre High Court issued a decision that sheds light on these points. Without making media headlines, this judgment recalls the strict requirements imposed by the Civil Code and case law for a full adoption to be granted. It is worth examining, given the human stakes: for the intended parent, for the child, and for the other biological parent.

In this article, I will tell you this case as a story, explain the judges' reasoning, and above all give you concrete keys if you are yourself faced with this situation. Whether you live in Le Barcarès, Perpignan or elsewhere in France, the rules are the same, but their application may vary depending on the courts. So, ready to dive into filiation law?

The Facts: A Story That Happens Every Day

Mr X, a man in his fifties domiciled in Le Barcarès, had been living with Ms Y for several years. Ms Y had a daughter from a previous relationship. Mr X had cared for the child since she was 2 years old: he took her to school, attended parent-teacher meetings, paid for her extracurricular activities. In short, he was a father in daily life, but not in the eyes of the law. Wishing to formalise this bond, he petitioned the Nanterre High Court for a full adoption.

However, Ms Y was not opposed, but the biological father of the child, Mr Z, had not given his consent. Worse, he firmly opposed it. According to the Civil Code, for a full adoption of a minor child, the consent of both biological parents is required (except in certain cases). But Mr X considered that this father was failing: he had not seen the child for years, paid no child support, and showed no interest. He therefore invoked Article 348-2 of the Civil Code, which allows the refusal to be disregarded if it is abusive or contrary to the child's best interests.

The court therefore had to decide: was the biological father's refusal legitimate or abusive? The case lasted several months, with social and psychological investigations. At the hearing, lawyers clashed over the concept of the "best interests of the child." Finally, the judgment was handed down on 29 June 2024. Verdict: full adoption was refused. Why? Because the court considered that the biological father's refusal was not abusive, despite his absence – he had expressed an emotional attachment, however tenuous. A decision that sparked strong reactions, but which is based on consistent case law.

The Court's Reasoning – Dissected

The judges in Nanterre relied on Articles 343 to 360 of the Civil Code, which govern full adoption. The main obstacle was the lack of consent from the biological father. In law, full adoption of a minor child requires the consent of both parents (Article 348-1). This consent may be given before a notary or a registrar. However, Article 348-2 provides an exception: if the parent refuses abusively, the court may disregard it. The abusive nature is assessed in concreto (on a case-by-case basis).

In this case, the biological father had refused in writing, explaining that he wished to maintain a symbolic link with his daughter, even if he no longer saw her. The court considered that this refusal was not abusive, as it was not motivated by an intention to harm, but by an attachment, however tenuous. The judges also noted that the child, aged 10, had been heard (Article 388-1 of the Civil Code) and had expressed a wish to keep her biological father's surname. Determining factor: the best interests of the child. Certainly, adoption would have secured her daily life, but a complete break with her origins was not deemed desirable.

This decision is in line with well-established case law: the Court of Cassation regularly reminds that full adoption is a radical measure that must remain exceptional, especially in the presence of a biological parent who, even if absent, retains rights. This is neither a reversal nor a confirmation – it is a classic application. The originality perhaps lies in the weight given to the child's opinion. Here we see that the court did not simply apply the law; it weighed competing interests.

What This Means for You – Practically

For stepparents (or "intended parents") living in Perpignan or elsewhere, this decision is a warning: full adoption is not a simple formality. You must obtain the consent of both biological parents, or demonstrate that their refusal is abusive. How to prove it? Through concrete evidence: total lack of contact, failure to pay child support, violent behaviour, etc. Mere silence is not enough.

If you are a tenant or co-owner in Le Barcarès, this does not directly concern you, but family law may catch up with you: are you in a relationship with a parent? Have you thought about protecting the child in case of death? Without adoption, no custody rights, no automatic inheritance. Concrete example: if Ms X dies without a will, her partner inherits nothing, and the child may be entrusted to the biological family. In Perpignan, I have seen a case where a stepfather had to return the child to the paternal grandmother for lack of a legal link. Simple adoption (which creates a link but does not sever the original link) could be an alternative.

For biological parents, know that your consent is crucial. If you oppose, you must justify your refusal: a purely gratuitous refusal may be deemed abusive. Conversely, a refusal based on a genuine attachment, even distant, will be respected. Judges examine the child's best interests above all. A specialised lawyer can help you assess your situation.

Four Tips to Avoid This Type of Dispute

• Negotiate consent in advance: Before initiating proceedings, try to obtain a written agreement from the biological parent. Propose a simple adoption or continued contact. Family mediation can help.
• Gather evidence of your involvement: Keep all documents showing your educational role (health records, bills, school reports, dated photos). In case of abusive refusal, this is your best weapon.
• Consult a lawyer from the outset: Adoption law is complex. A procedural error (e.g., failing to obtain consent by notarial deed) can cause your application to fail. In Perpignan, I recommend booking an appointment with a specialised lawyer before any steps.
• Consider simple adoption as an alternative: Less radical, it maintains links with the biological family while creating an adoptive filiation. It may be more easily accepted by the biological parent and the judge.

Further Reading: Related Case Law and Developments

The Nanterre decision is part of a line of Court of Cassation rulings. For example, a judgment of 2 December 2020 (No. 19-50.038) had already specified that the biological parent's refusal is abusive only if it is contrary to the child's best interests, and not simply because it is selfish or irrational. In that case, the Court upheld the refusal of an incarcerated father, on the grounds that the emotional bond persisted. Other decisions, such as that of the Montpellier Court of Appeal in 2022, follow the same line.

The trend is therefore towards respecting the will of biological parents, except in cases of serious failure. Does this mean that full adoption has become inaccessible? No, but it requires a solid demonstration. Recent legislative changes (the Act of 21 February 2022 on filiation) have not fundamentally changed adoption rules. However, judicial practice places increasing weight on the child's opinion, as the Nanterre court did. In the future, we can expect courts to be even more attentive to the balance between the child's right to have his or her bond with the stepparent recognised and the right to preserve his or her origins.

In Practice: What to Do

FAQ: Frequently Asked Questions on Full Adoption

• Can I adopt my partner's child without his or her consent? No, the parent's consent is mandatory. If they refuse, you must apply to the court for it to assess whether the refusal is abusive.
• What are the deadlines for a full adoption? On average 6 to 18 months, depending on complexity and the court. The High Court issues its decision after a social investigation and hearing.
• How much does it cost? Legal fees vary (€1,500 to €5,000), plus any expert reports. Legal aid may be applied for subject to means testing.
• What if the child is over 13? Their personal consent is required (Article 345 of the Civil Code). It must be obtained by the judge.
• What is the difference with simple adoption? Full adoption severs all ties with the family of origin; simple adoption adds a link without erasing the old one. See our comparison table on the website.

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