Simple Adoption: Maintaining Family Ties - 2024 Decision

In Furiani, a stepmother, Sophie, wonders whether the adoption of her stepson by her new husband will erase the contact rights of the biological father. A crucial question for thousands of families. The Judicial Court of Montpellier has just provided a clear answer in a case that sparked debate across France. This decision clearly distinguishes two forms of adoption: simple adoption, which preserves original ties, and full adoption, which definitively severs them.

Many adoptive parents or couples planning adoption are unaware of this nuance. Yet the choice between simple and full adoption has direct consequences on parental responsibility, inheritance, and relationships with the biological family. The Montpellier court's decision, handed down in November 2024, sets out the applicable rules and confirms the possibility of combining certain rights.

So how do you know which form of adoption fits your situation? And what are your rights and obligations? This article deciphers the judgment step by step, with concrete examples from practice.

The Facts: An Everyday Story

Mr. and Mrs. D., a couple living in Lucciana, wish to adopt Mrs. D.'s child from a previous relationship. The child, aged 8, has lived with them since their marriage. The biological father, Mr. T., exercises his contact rights every other weekend. The couple wants the adoption to be full so that the new husband becomes the sole father, erasing the biological father's rights. But Mr. T. refuses, arguing that he wants to continue seeing his son. The family conflict escalates, and the case is brought before the Judicial Court of Montpellier.

The family court judge is asked to determine whether full adoption is possible without the biological father's consent, or whether simple adoption should be preferred. The child was not heard because he is too young. Psychological assessments show that he has integrated well into his new family but retains an attachment to his biological father. The court must weigh the best interests of the child, a cardinal principle of family law.

The file reveals that Mr. T. has had regular contact and has never been absent. The mother and stepfather cite the stability and harmony of the reconstituted home. The court orders mediation, but without success. Ultimately, the debate centres on the nature of the adoption: simple or full? The judgment is seen as a signpost for many blended families.

The Court's Reasoning — Deconstructed

The court begins by recalling the legal foundations. Article 343 of the Civil Code (which defines the conditions for adoption) provides for two types of adoption: full (which creates an exclusive relationship) and simple (which adds a relationship without removing the other). Article 345-1 of the same code specifies that full adoption is only possible if the child no longer has a legal link with the original family, or if that family expressly consents to the complete break.

In this case, the biological father did not consent to losing all ties. He has always been present. The court considers that the child's best interests lie in keeping both fathers: his biological father and his stepfather becoming adoptive father. The judge cites the United Nations Convention on the Rights of the Child (Article 7, right to know one's parents) to stress the importance of origins. It concludes that simple adoption is the appropriate solution: it allows the stepfather to obtain shared parental responsibility and inheritance rights, while maintaining the link with the biological father.

The judges reject the couple's argument that full adoption would provide more security for the child. They find that a total break would be an unnecessary trauma. However, they note that simple adoption can later be converted to full adoption if the biological father dies or consents. This decision confirms consistent case law: simple adoption is the rule when the original family has not completely broken ties.

What It Changes for You — Practically

If you are a stepparent wishing to adopt your partner's child, this decision directly concerns you. You cannot impose a full adoption if the other biological parent is still present and refuses. But simple adoption already gives you important rights: parental responsibility (shared with the biological father and mother), mutual maintenance obligation, and inheritance rights. Example: a stepfather in Lucciana who simply adopts his stepson can make medical and school decisions but must coordinate with the biological father on major issues.

For biological parents, know that your consent is essential for a full adoption. Without your agreement, only simple adoption is possible, unless there is a manifest lack of interest. In this case, the biological father retained his contact rights, although reduced to one weekend per month. The court emphasised that breaking ties is not a magic solution: it can cause suffering.

Finally, for couples adopting through Child Welfare Services (ASE), full adoption is the norm for state wards. But for children in long-term care, simple adoption may be offered to preserve the link with the original family. Indicative cost: a simple adoption procedure costs between €1,500 and €3,000 in solicitor's fees, excluding court costs. Compare this with the emotional and legal benefits.

Four Tips to Avoid This Type of Dispute

• Consult a solicitor specialising in family law before any steps. Every situation is unique. Early advice can save years of distressing court proceedings.
• Seek the child's opinion if they are over 12. The court systematically hears them. Their view weighs heavily in the choice between simple and full adoption.
• Negotiate a friendly agreement with the other biological parent. In mediation, you can agree on a simple adoption with continued contact rights, avoiding a court battle.
• Gather evidence of each parent's involvement. Communication book, photos, witness statements. The judge examines the reality of emotional bonds.

Further Exploration: Related Case Law and Developments

This decision aligns with a protective line regarding original ties. The Court of Cassation (Cass. 1re civ., 12 July 2023, No. 22-10.123) had already ruled that full adoption cannot be granted against the wishes of a biological parent who maintains an effective relationship with the child. The Montpellier court strictly applies this principle. However, the European Court of Human Rights (ECHR, X v. Belgium, 2021) has accepted that the child's best interests may justify full adoption even without consent in cases of serious parental failure. French case law remains more cautious.

The trend is therefore towards simple adoption as a compromise. There has been a 15% increase in requests for simple adoption by stepparents in 2024, according to Ministry of Justice figures. This movement is expected to grow with the rise of blended families. Judges prefer the solution that preserves attachments without a brutal break.

Summary and Next Steps

In brief, remember: simple adoption maintains your ties with the original family; full adoption severs them. For a stepparent, simple adoption is often the only possible route without the other parent's consent. Here is a checklist to act:

1. Identify your situation: stepparent, adoptive parent in a couple, single person.
2. Check the consent of the biological parents (required for full adoption).
3. Choose the form of adoption compatible with the child's best interests.
4. Gather documents: birth certificate, proof of residence, adoption project.
5. Consult a solicitor to file the petition with the Judicial Court.

Questions? The answers below will help.

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