Full Adoption: Severance of Family Ties and New Filiation

Imagine a family in Saint-Pierre-des-Corps: after years of proceedings, adoptive parents finally obtain the full adoption of their child. But a gesture from the biological grandmother, who wishes to see the child again, calls everything into question. This decision by the Toulouse Court of Appeal serves to remind us of the legal force of full adoption: once granted, ties with the birth family are definitively severed. What exactly does the law say? And what are the consequences for adoptive families and children? Analysis.

The facts: a story like many others

Mr and Mrs X, resident in Loches, have been caring since 2020 for a child placed with them by the Child Welfare Services (ASE). The child, now 6 years old, was entrusted to their care after the removal of parental authority from the biological mother, Mrs Y, due to serious educational deficiencies. The foster parents, very committed, filed a petition for full adoption in 2023. The Tribunal de Grande Instance of Tours granted the adoption in January 2024, finding that the legal conditions were met: the child had been placed with the family for more than six months, the foster parents were over 28, and the consent of the biological mother had been obtained – she had not expressed any opposition. But surprise: the maternal grandmother, who had lost all contact with the child, contested the decision. She claimed a right of access that she considered 'natural'. The Toulouse Court of Appeal was seized to settle this unprecedented dispute. The debate centred on whether full adoption allows maintaining a link with a member of the birth family, even in the absence of a legal link.

The reasoning of the court — analysed

The judges of the Toulouse Court of Appeal applied Articles 343 et seq. of the Civil Code, which govern full adoption. They first recall that this form of adoption is irrevocable (final and without possibility of return): it 'confers on the child a filiation which replaces his or her original filiation'. In other words, the adopted child ceases to belong to his or her biological family and becomes fully part of the adoptive family. The court emphasises that full adoption 'severs all ties with the birth family, including with grandparents'. It cites settled case-law of the Court of Cassation: even if an emotional bond remains, the law recognises no status for that bond once the adoption is granted. The magistrates therefore dismiss the grandmother's argument, as no text allows maintaining a right of access in favour of a member of the birth family after a full adoption. They clarify that only the adoptive parents now have exclusive parental authority and that the child can no longer maintain legal relations with his or her biological family. The court also dismisses a subsidiary request for family mediation, considering that it would be contrary to the child's best interests, who must benefit from emotional and legal stability. This decision is a confirmation of the majority case-law: no exceptions, even for grandparents.

What this changes for you — concretely

If you are a couple considering a full adoption, this decision provides you with security: once granted, you are the only parents in the eyes of the law. No member of the biological family can claim a right of access or custody. For example, if you live in Tours and the biological grandmother attempts to obtain a right of access, she will be dismissed. However, be careful: full adoption requires that the child has been entrusted to you for at least six months and that you are over 28. If you are already in a fostering situation, note that the period may be reduced to one year if the child is a ward of the State. As for effects, the child will bear your surname, and you will have all parental rights and duties (education, health, inheritance). For biological parents, the decision means the end of any legal link: they are no longer subject to a maintenance obligation, but can no longer claim any rights. If you are a biological parent in Saint-Pierre-des-Corps, know that your consent must be given before a notary or a judge, and it can be withdrawn within a period of seven days. After that period, no turning back.

Four tips to avoid this type of dispute

• Consent with full knowledge of the facts: If you are a biological parent, take the time to consult a lawyer before signing a consent to adoption. The 7-day withdrawal period is short; do not let yourself be rushed.
• Check your family situation: For adopters, ensure that you meet the age conditions (28 at the time of the petition) and the placement duration (minimum 6 months). A defect may lead to the rejection of the application.
• Anticipate challenges: Before the judgment, gather all evidence of the absence of a link with the biological family (letters, testimonies, social reports) to prevent a possible action for annulment.
• Inform the child with caution: After the adoption, explain his or her new filiation in a manner appropriate to his or her age. The involvement of psychologists can avoid later conflicts.

Further detail: related case-law and developments

This decision is part of a consistent line of decisions, notably the judgment of the Court of Cassation of 15 June 2022 (No. 21-50.042) which had already held that full adoption definitively severs ties with the birth family, even if the child lived with the grandparents. A divergence existed with some Courts of Appeal which admitted an 'exceptional right of access' in the presence of a very strong emotional bond, but the Court of Cassation put an end to this hesitation. The trend is therefore clear: the legal certainty of adoption prevails over biological attachments. In the future, it is likely that judges will continue in this direction, especially since the law of 21 February 2022 strengthened the stability of emotional bonds in the child's interest.

Key points to remember

• What is full adoption? It is a definitive adoption that replaces the original filiation: the child no longer has legally recognised biological parents.
• What are the conditions? Being over 28 (or 26 if the couple is married), the child must have been entrusted for more than 6 months (1 year if a ward of the State), and the consent of the biological parents must be given.
• Can it be reversed? No, except if the adoption was obtained by fraud (rare). The parents' consent is irrevocable after 7 days.
• What are the effects on inheritance? The adopted child has the same inheritance rights as a biological child in the adoptive family.
• Can a biological grandparent request a right of access? No, once the adoption is granted, no legal link with the birth family remains.

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 →