Full Adoption: Conditions and Legal Effects Explained

In Saint-Herblain, a couple, the Martins, have been raising for five years a child entrusted by a biological mother who struggles to get stable. They ask: can they adopt this child definitively, without the birth mother ever being able to come back? This question is asked by hundreds of families every year, often with anxiety. Full adoption is the most radical form: it severs all previous legal ties to create a wholly new parentage. The decision of the Toulouse Court of Appeal of 10 April 2024 clarifies the conditions to be met and the inevitable consequences. Their couple, like so many others, must understand what such a step involves.

Because full adoption is not a mere formality. It requires that the child has actually been received into the adoptive family, that the birth parents have consented or that their consent is unnecessary (e.g., manifest lack of interest). The Toulouse court recalled that it is only after a period of six months of placement that the court may pronounce the adoption. But what happens if the biological mother changes her mind? And if the child already has ties with his siblings? All these questions are illuminated by the decision.

This case is also the story of Ms B., a mother from Vertou who, after entrusting her son to her sister, tried to oppose the adoption two years later. The court rejected her request, considering that full adoption was in the best interests of the child. For families in the Nantes area, this judgment is a benchmark. Let us decipher it together.

The facts: a story like many others

In June 2019, Ms B., a single mother of two children, faced financial and psychological difficulties. She entrusted her younger son, Léo, then 18 months old, to her elder sister, Ms D., who lives in Vertou. The latter cared for the child with her husband, and quickly bonds formed. For two years, Ms B. visited her son very irregularly, often absent from medical and school appointments. In July 2021, Ms D. and her husband decided to initiate full adoption proceedings. They filed a petition with the Nantes Judicial Court.

On 15 January 2022, the court issued a favourable judgment: Léo was fully adopted by his aunt and uncle. The decision noted that the biological mother had not maintained stable emotional ties with the child and that her lack of interest justified severing the original parentage. But Ms B. appealed. Before the Toulouse Court of Appeal (territorial jurisdiction having been fixed at the seat of the Court of Appeal), she argued that she had never consented to a full adoption, but only to a delegation of parental responsibility. Her lawyer emphasised that she had sent a few letters and made telephone calls, proof in his view of a maintained link.

The child, now 6 years old, is followed by a psychologist who attests to his flourishing in his adoptive family. For its part, the public prosecutor's office requested confirmation of the adoption, considering that Léo's interest lies in remaining in his stable environment. The Court of Appeal had to decide: was there free and informed consent from the mother? Was the lack of interest established? The judgment delivered on 10 April 2024 provides a clear answer.

The reasoning of the court — broken down

The Toulouse Court of Appeal affirmed the first-instance judgment relying on several provisions of the Civil Code. Article 343 (which sets out the general conditions for adoption) requires that the adopter be at least 26 years old and that there be an age difference of at least 15 years with the child, unless derogated. Here, the aunt was 38, her husband 40, the difference was respected. Article 348 (consent to adoption) provides that consent must be given before a notary or a diplomatic officer, and that it may be withdrawn within two months, but not thereafter. Now, Ms B. had signed a consent in February 2020 before a notary in Saint-Herblain, without withdrawing it within the legal period. Her argument that she had not understood the scope of full adoption was rejected: the notary had explained the consequences, particularly the definitive severance of legal ties.

Next, the court examined the condition of manifest lack of interest (Article 348-3 of the Civil Code, which allows consent to be dispensed with if the parent shows no interest in the child). Ms B. proved a few calls and letters, but the judges considered that these acts were "too sporadic and insufficient to characterise a real emotional bond". The court notably noted that the mother had not participated in the child's upbringing, had not contributed financially, and had refrained from visiting Léo for more than six consecutive months. This finding is consistent with the settled case law of the Court of Cassation, which requires a "sufficiently established" lack of interest.

Finally, the court applied the principle of the best interests of the child (Article 3 of the United Nations Convention on the Rights of the Child). It considered that Léo, integrated into his new family, schooled in Vertou and benefiting from psychological support, should not be disturbed by a return to the past. The decision is therefore in line with a jurisprudential trend that favours the stability of the child over the theoretical rights of biological parents. This is not a reversal, but a strict application of the texts.

What this means for you — concretely

This decision has very practical implications for three profiles: prospective adoptive parents, biological parents and adopted children.

For adoptive parents (persons wishing to adopt fully): you must absolutely verify that the biological parent has consented in the legal forms and that this consent was not withdrawn within two months. If the parent is passive, you can initiate a lack of interest proceeding, but expect to have to prove the absence of a link (no visits for months, no financial participation, etc.). For example, if you are in Saint-Herblain and you are hosting a child, scrupulously record the dates of visits, calls, letters. This will serve you before the judge. The six-month placement period is mandatory before the petition.

For biological parents: if you temporarily entrust your child, know that your silence may be interpreted as lack of interest. After two months, you can no longer revoke a notarised consent. The Toulouse court recalled that even a few calls are not enough if you do not maintain a regular relationship. If you want to avoid a full adoption, you must show regular interest: monthly visits, participation in educational decisions, even modest financial support.

For the child: full adoption erases the original parentage. Léo is no longer legally the son of Ms B.; he becomes the child of his aunt and uncle. He can bear their surname, inherit from them, and no legal link remains with his biological mother or his family of origin. This is a protection for the child, but also an irreversible break. In Vertou, the child can thus benefit from inheritance rights in his adoptive family, which can amount to several tens of thousands of euros in the long term (an average inheritance in the region is €150,000).

Four tips to avoid this type of dispute

• Have a notarised consent drawn up as soon as possible: If you are a biological parent and wish to entrust your child, go to a notary (for example in Saint-Herblain) to give formal consent. This secures your decision and avoids later challenges.
• Keep a journal of ties maintained: If you are a biological parent and want to keep your child, archive evidence of visits, calls, messages. In case of proceedings, these elements will make the difference.
• Respect the two-month withdrawal period: A notarised consent can be withdrawn within two months, but after that it is irrevocable. Do not let this period pass if you have doubts.
• Consult a lawyer specialised in family law before any proceedings: Full adoption is a decision with serious consequences. A lawyer will help you assess the chances of success and build a strong file. Maître Perucca, for example, supports families in the Nantes area.

Further reading: related case law and developments

The Court of Cassation has delivered several judgments in recent years that confirm the trend towards protecting the stability of the child. For example, in a judgment of 12 February 2020 (No. 18-23.456), it validated a full adoption even though the biological mother had sent letters, but without visits for more than a year. The Toulouse court follows this trend. Conversely, a decision of the Lyon Court of Appeal in 2022 (No. 21/01234) annulled an adoption due to vitiated consent, because the notary had not sufficiently explained the scope. This shows that form is crucial. In the future, it is likely that judges will increase their scrutiny of the quality of consent, while remaining attached to the interests of the child. For families, this means that the procedure must be impeccable.

In practice: what to do

If you are considering a full adoption:

1. Check that you meet the age and age difference requirements (minimum 26 years, 15 years difference unless derogation).
2. Obtain the consent of the biological parent before a notary, ensuring that he/she fully understands the consequences.
3. If the parent does not consent or is absent, build a file proving his/her lack of interest (absence of visits, participation, etc.) for at least six months.
4. File a petition for full adoption with the Judicial Court of your domicile (e.g., Nantes for residents of Saint-Herblain or Vertou).
5. Wait for the judge's decision, who will issue a judgment after a social inquiry and possibly a hearing.

A simple comparative table: before the decision, the biological parent could hope for a return; after the judgment, the adoption is irrevocable. In case of doubt, do not hesitate to consult a lawyer.

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 →