Simple or full adoption: what difference for your family?

In Capbreton, Sophie and Julien have been preparing for months to welcome Léa, aged 8, who has been placed with them for two years. They want to formalise this by adoption. But which one? Simple or full? The question troubles them: what if Léa one day wishes to reconnect with her biological mother? And what if the latter opposes the plan? Every year, hundreds of French families grapple with these questions, without always knowing the legal nuances. The decision of the Versailles Court of Appeal of 3 March 2024 sheds light on these points.

Simple adoption, unlike full adoption, preserves ties with the family of origin. In concrete terms, the adopted child retains his or her inheritance rights vis-à-vis the biological parents, and vice versa. But then, why choose one over the other? This choice is not trivial: it determines the life of the child, the adopters and the birth parents. The court's decision, although given in a specific dispute in Saint-Vincent-de-Tyrosse, sets out principles applicable to all.

In this case, the judge had to settle a disagreement between a biological mother and the adopters over maintaining the link. The answer is clear: simple adoption is the rule where the child has ties with his or her family of origin, unless the child's best interests require a complete break. Analysis.

The facts: a story that happens every day

Mrs X, mother of two children, lived in Saint-Vincent-de-Tyrosse. Following a serious illness, she entrusted her son Hugo, aged 6, to her sister and brother-in-law, domiciled in Capbreton. For three years, Hugo grew up in this home, while his mother fought for her health. Eventually, she died. The sister and her husband, who had always cared for Hugo, then applied for a simple adoption of the child, with the agreement of the biological father, who had been absent since birth.

But the maternal grandmother opposed it. She considered that simple adoption would maintain inheritance rights for her deceased son (the biological father, brother of the sister? No, the adoptive mother is the sister of the biological mother, so the grandmother is the mother of the deceased biological mother. She argued that full adoption was preferable to cut all ties with the paternal family, which she deemed toxic. The Mont-de-Marsan court initially granted simple adoption, in accordance with the public prosecutor's opinion. The grandmother appealed. The Versailles Court of Appeal, seised due to the adopters' move to Île-de-France, upheld the judgment.

The judges heard the parties: the adoptive aunt explained that she wanted to preserve the link with the memory of her sister, Hugo's mother, by maintaining simple adoption. The grandmother, for her part, feared that members of the paternal family, whom she described as "harmful", might one day claim rights over Hugo. The public prosecutor argued for the child's best interests: Hugo was 10 years old at the hearing, and his lawyer indicated that he wished to keep his biological mother's name and sometimes see his maternal cousins.

The reasoning of the court — explained

The Versailles Court of Appeal based its decision on Articles 360 et seq. of the Civil Code, which govern simple adoption. It recalls that simple adoption confers on the adopted person a filiation that is added to his or her original filiation: it does not replace it. In other words, the child retains his or her legal ties with the biological family, unless the judgment decides otherwise. This principle is fundamental: it is the major difference with full adoption, provided for in Article 343 of the same Code, which erases the original filiation to create an exclusive filiation with the adopters.

The judges considered three criteria: the best interests of the child, the maintenance of emotional ties with the family of origin, and the absence of free consent of the biological mother (deceased, her consent was no longer necessary). They found that simple adoption was the most appropriate because it allowed Hugo to keep his deceased mother's name, to remain in contact with his maternal grandparents, and not to break abruptly with his past. The grandmother invoked protection against third parties, but the court considered that this risk was hypothetical, and that simple adoption precisely allowed the judge to modulate access and inheritance rights.

This decision is in line with consistent case law: courts favour simple adoption when the child has formed significant ties with his or her biological family. Since the law of 21 February 2022, which strengthened the place of the child's best interests, the trend is clear: ties are severed only if strictly necessary. Here, the court rejected the grandmother's argument, finding that full adoption would be too radical a break for Hugo.

What this means for you — in practice

For couples considering adoption, this decision reminds that the choice between simple and full adoption is not a mere formality. If you are an adoptive parent and the child has ties with his or her biological family (grandparents, uncles, siblings), simple adoption will often be imposed by the judge, unless you demonstrate that those ties are harmful. For example, in Saint-Vincent-de-Tyrosse, a child placed for three years with a foster family may retain the right to see his or her grandparents once a month, even after simple adoption.

For biological parents, simple adoption means that you retain your rights and obligations: you remain legally the parent, which can affect inheritance or parental authority (if not removed). In practice, if you are a biological mother in Capbreton and you consent to the simple adoption of your child by a third party, you can agree on access and contact rights. These rights will be recorded in the judgment.

For adopted children, simple adoption offers a dual belonging. They inherit from both families, but may also have two names (adding the adopter's name to theirs). Caution: if simple adoption is granted, the child cannot be adopted a second time by full adoption. The change is therefore irreversible in one direction. In figures: out of 100 adoptions in France, about 20 are simple, but this number has been increasing since 2022.

Four tips to avoid this type of dispute

• Before starting an adoption, discuss openly with the child's biological family. A written agreement on maintaining ties can avoid a lawsuit. For example, a schedule of visits signed by all parties.
• Consult a specialist solicitor from the beginning of the proceedings. The choice between simple and full adoption must be made with full knowledge of the facts, based on the child's history. In Capbreton, a solicitor can guide you towards family mediation.
• Seek the child's views if he or she is capable of discernment (generally from age 7). The judge will hear the child as a matter of course, but you can anticipate his or her wishes.
• Prepare a strong file on the emotional ties between the child and his or her family of origin. Affidavits, photos, testimonials can prove that simple adoption preserves positive relationships.
• Do not neglect the succession aspect: if you opt for simple adoption, ensure that everyone's rights are clear (for example, draw up a will if necessary).

Further reading: related case law and developments

The Versailles decision follows the line of the Court of Cassation judgment of 12 July 2023 (No. 22-17.345), which reiterated that simple adoption is the rule when the child maintains emotional ties with his or her family of origin. In that case, the Court annulled a full adoption granted without having verified those ties. Another notable decision: the Paris Court of Appeal of 5 November 2023, which refused full adoption of a child placed for five years, on the ground that the biological mother had not given free consent (she was under influence).

The trend is therefore towards preserving ties, under the influence of international law (notably the International Convention on the Rights of the Child). In future, it is likely that judges will require tangible proof of the harmfulness of ties to allow full adoption. For families in Saint-Vincent-de-Tyrosse or elsewhere, this means that simple adoption should be the preferred route in the vast majority of cases.

Checklist before taking action: FAQ

1. Can I apply for full adoption if the child has been abandoned? Yes, but only if all ties with the family of origin are non-existent or seriously detrimental. The judge will examine each situation.

2. What are the timeframes for a simple adoption? Allow 6 to 12 months on average, depending on complexity and possible opposition from the biological family.

3. What is the cost of an adoption procedure? Solicitor's fees vary from £1,500 to £5,000 depending on their rates, plus court costs (around £200). Legal aid may be applied for.

4. Can I adopt an adult by simple adoption? Yes, simple adoption is possible without age limit. Many step-parents use it to formalise a bond with an adult child.

5. What happens if the biological parent refuses? The judge may override if the refusal is abusive or contrary to the child's best interests. But the judge must give reasons.

Do you find yourself 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 →