Simple Adoption: Difference from Full Adoption — Which to Choose?

In Romilly-sur-Seine, as throughout France, many parents ask themselves: simple or full adoption? Sophie and Thomas, a couple from the town, are considering adopting little Léo, the son of Sophie's sister. They want to give him a stable environment, but without severing ties with his biological mother. You may be experiencing this dilemma too. The decision of the Paris Judicial Court of 20 March 2024 sheds light on this choice. What does it say?

Simple adoption preserves links with the family of origin: the child retains inheritance rights and emotional ties. Full adoption, on the other hand, definitively severs those ties. The court reminded that maintaining the biological link is a fundamental right of the child, unless the child's best interests require a total break. A crucial question when considering adoption.

This decision does not create a new rule, but confirms a principle often misunderstood. So, how to choose? And above all, what consequences for your daily life? Let us delve into the case decided in Paris.

The facts: a story like many others

Mrs A. had entrusted her child, born in 2018, to her sister Mrs B. from the first months. The biological mother, facing difficulties, wanted her sister to adopt the child while remaining present in his life. Mrs B. therefore filed a petition for simple adoption before the Paris Judicial Court. The public prosecutor's office opposed it, arguing that simple adoption was not appropriate because the biological mother had not given sufficiently informed consent.

The case had its twists: the biological mother confirmed her consent in writing, but the prosecutor's office maintained its opposition, arguing that full adoption would be more protective for the child. The judges then ordered a social investigation to assess the best interests of the child. The investigation revealed that the child had close ties with his biological mother, who saw him regularly, and that these ties were beneficial to his well-being.

Ultimately, the court ruled in favour of simple adoption, allowing Mrs B. to adopt the child while maintaining ties with the biological mother. A decision that relieved the family, but raises questions for all those considering adoption.

The reasoning of the court — explained

To understand the decision, we must return to the texts. Article 343 of the Civil Code (which governs simple adoption) provides that simple adoption confers on the adopted child a filiation that is cumulative with the original filiation. In other words, the child has two families: the adoptive family and the biological family. Full adoption, on the other hand, is based on Article 343-1, which provides for a complete break with the family of origin.

The judges examined two points: first, was the consent of the biological mother free and informed? Yes, because she had clearly expressed her will, with full knowledge of the facts. Second, was simple adoption in the child's best interests? The social investigation showed that the child benefited from the ties with his biological mother, and maintaining them was psychologically healthy. The court therefore validated the simple adoption, recalling that this form of adoption is particularly suitable when the biological family remains involved.

This decision is consistent with established case law: courts favour simple adoption when the child has ties with his family of origin, unless danger or total lack of interest justifies a full adoption. Here, the prosecutor's office had argued for a clear break, but the judges considered that the child's best interests required maintaining ties. A reasoning that is broadly accepted in most courts.

What this changes for you — practically

Are you an adoptive parent or a future adopter? This decision directly concerns you. If you opt for simple adoption, the child retains inheritance rights in his biological family (for example, he will inherit from his grandparents). In Troyes, a simply adopted child may thus receive inheritance rights from both sides, which can represent significant sums (e.g., €50,000 on one side and €30,000 on the other, with specific allowances).

For the biological family, simple adoption means you do not lose the legal link with the child: you remain a parent in law, with maintenance obligations (Article 371-2 of the Civil Code) and visitation rights, unless the family court judge decides otherwise. If you are a step-parent wishing to adopt your spouse's child, simple adoption is often the preferred route, as it allows maintaining ties with the other biological parent.

But beware: simple adoption is not automatic. The court always verifies that the consent of the biological parents is free and informed. If a parent objects, the judge may order a social investigation or mediation. In any case, it is advisable to consult a lawyer specialised in family law before initiating proceedings.

Four tips to avoid this type of dispute

• Consult a lawyer from the outset of the adoption project. He or she will help you choose between simple and full adoption based on your family situation and existing ties. In Romilly-sur-Seine, a 30-minute consultation can clarify your options.
• Obtain the consent of the biological family in writing, before a notary or in the presence of a judge. Poorly formalised consent can be challenged, as in the case decided in Paris.
• Anticipate inheritance consequences. In simple adoption, the child inherits from two families. Have a patrimonial assessment done to avoid unpleasant tax surprises.
• Prepare a detailed adoption plan explaining why simple adoption is in the child's best interests. Attach concrete elements (photos, testimonials, follow-up reports). This will facilitate the court's decision.

Further reading: related case law and developments

The Court of Cassation has already ruled on simple adoption. In a judgment of 12 June 2019 (No. 18-50.012), it recalled that simple adoption is a right for the child, and cannot be refused solely on the ground that the biological family is still present. This decision reinforced the trend towards favouring simple adoption in blended families.

More recently, the Law of 21 February 2022 simplified the procedure for simple adoption by step-parents, by removing the requirement for the spouse's consent in certain cases. This legislative development tends towards greater flexibility. However, judges remain vigilant about the best interests of the child. Thus, full adoption may be imposed if the biological parent is unfit or dangerous, as recalled by the Versailles Court of Appeal in 2023.

The future will likely see increased recourse to simple adoption, particularly in situations of multi-parenthood. The courts are adapting to contemporary family realities, while keeping child protection in mind.

Key points to remember

• Simple adoption: the child retains legal ties with his family of origin (double filiation, reciprocal inheritance rights).
• Full adoption: complete break with the family of origin, the child acquires a single filiation.
• When to choose simple adoption? When the biological family remains present and the child can benefit from these emotional ties.
• Pitfall to avoid: not properly formalising consent: a simple verbal agreement can be challenged.
• Concrete action: before any steps, consult a lawyer specialised in family law. A 30-minute consultation can save you months of proceedings.

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