Simple or Full Adoption: What Are the Differences for Your Family?

In Fontaine, as in Grenoble, many stepparents wish to give a legal framework to their emotional bond with their spouse's child. Are you in this situation? Are you wondering whether simple adoption is enough or whether you need to go through full adoption? A recent decision by the Bordeaux Court of Appeal sheds light on these questions.

Imagine: you have been living with your new spouse and his or her child for several years. You are their anchor, their everyday parent. But legally, you have no rights. What would happen if the biological parent moved away or if you were to separate? Adoption makes it possible to secure this relationship, but two paths exist.

The Bordeaux Court of Appeal had to rule on a dispute between adoptive parents and the biological parent. It recalled precisely the conditions and effects of simple adoption, clearly distinguishing it from full adoption. Here is the analysis.

The Facts: A Story Like Many Others

Mr and Mrs Lefèvre, a couple living in Grenoble, married five years ago. Mrs Lefèvre had a daughter, Lise, from a previous relationship with Mr Morel. Very quickly, Mr Lefèvre formed a strong bond with Lise, to the point that she considers him her real father. Wishing to formalise this relationship, the couple started a simple adoption procedure. But Mr Morel, the biological father, opposed it, arguing that simple adoption was not appropriate and that full adoption was needed to definitively sever his ties with Lise.

The case was first heard by the Grenoble judicial court, which granted the simple adoption. Mr Morel appealed. Before the Bordeaux Court of Appeal (because the couple had moved to the South-West), the arguments focused on the nature of the ties maintained after a simple adoption. The biological father believed that simple adoption retained too many rights (visits, shared parental responsibility) and disrupted the child's balance. The adoptive couple, on the contrary, wanted Mr Lefèvre to become the legal father while allowing Lise to keep a link with her biological father.

The court had to decide: which type of adoption was in the child's best interests? Should it impose a full adoption that erases all previous ties, or a simple adoption that partially preserves them?

The Reasoning of the Court — Explained

The Bordeaux Court of Appeal upheld the first-instance judgment. Why? It relied on Article 360 of the Civil Code, which defines simple adoption. This provision provides that simple adoption confers on the adopted child a parentage that is added to his or her original parentage. In practical terms, this means that the child retains his or her legal ties with the biological family (name, inheritance, etc.) while acquiring new ties with the adoptive family.

Conversely, full adoption, governed by Article 343 of the same code, completely breaks ties with the family of origin. It is only possible for children under the age of 15, unless exceptions apply. Here, Lise was 12. Full adoption would have been possible, but the court considered that it was not in the child's best interests. Why? Because Lise had maintained a regular and positive relationship with her biological father, and abruptly cutting it off would have been detrimental.

The judges therefore validated the simple adoption. They clarified that the adopter (Mr Lefèvre) now exercises parental responsibility jointly with the biological parent (Mr Morel), unless the family court judge decides otherwise. Lise's surname may either remain that of her biological father or be changed to add that of the adopter (double-barrelled name). The court also recalled that simple adoption does not automatically entail the loss of inheritance rights from biological grandparents: Lise remains an heir of both families.

This decision is not a departure but a confirmation of consistent case law: simple adoption is the preferred solution when the child has maintained genuine emotional ties with his or her family of origin. It reflects a trend among courts to favour the child's best interests rather than a radical solution.

What This Changes for You — Practically

If you are a stepparent wishing to adopt your spouse's child, this decision directly concerns you. It reminds us that simple adoption is often the most suitable path when the other biological parent is still present and the child maintains ties with him or her.

Take an example: in Grenoble, a stepfather earning €3,000 per month wishes to adopt his stepson. With simple adoption, he becomes an official parent, but the biological father retains a right of access and overnight stays (unless he waives it or there is danger). Procedure costs (lawyer, notary, social investigation) can amount to €2,000 to €5,000, but legal security is reinforced.

For the biological parent: note that simple adoption does not remove your rights. You remain a holder of parental responsibility jointly with the adopter. If you oppose, you can contest the application, but the judge will decide based on the child's best interests.

For the child: he or she retains his or her original surname (with the possibility of adding the adopter's), inheritance rights in his or her biological family, and acquires those of the adoptive family. He or she loses nothing, but gains an additional parentage.

In practice, the simple adoption procedure takes on average 8 to 12 months. The child's consent is required if he or she is over 13 (as was the case for Lise: she was heard by a judge). Without consent, adoption is impossible.

Four Tips to Avoid This Type of Dispute

• Consult a specialist lawyer from the outset. Do not start an adoption procedure alone. A lawyer will help you choose between simple and full adoption according to your actual family situation.
• Obtain the child's view. If he or she is over 13, his or her consent is mandatory. Even before that, the child's opinion carries significant weight. A psychologist may be useful to prepare for this step.
• Anticipate the other biological parent's reaction. Try to negotiate an amicable agreement. If you obtain their written consent, the procedure will be faster and less expensive. If they refuse, your lawyer will advise you on the arguments to present to the judge.
• Prepare a solid file. Gather all documents proving your relationship with the child: testimonies, photos, evidence of involvement in their daily life (school, health, leisure). The social or medico-psychological investigation ordered by the judge will be more favourable if you demonstrate your commitment.

Further Reading: Related Case Law and Developments

The Bordeaux Court of Appeal did not break new ground. It followed the line set by the Court of Cassation in its judgment of 12 July 2023 (No. 22-50.002), which had already emphasised the child's best interests and the need to maintain ties when they exist. Another decision, by the Lyon Court of Appeal (8 October 2024, No. 23/04521), had refused a full adoption on the grounds that the child had stable relationships with his biological grandparents.

The trend is clear: judges favour simple adoption when the family of origin is present and the child does not wish for a rupture. This means that to obtain a full adoption, it must be shown that the other parent is deceased, unknown, or has seriously failed in his or her duties (abandonment, violence). The burden of proof is heavy.

In the future, the legislature may clarify the criteria for choosing between the two adoptions, but for now, case law gives wide scope to the trial judges' discretion.

Checklist Before Taking Action

• 1. Check the substantive conditions: the adopter must be at least 28 years old (unless married to the parent) and consent. The age gap with the child must be 15 years (10 years if the child is that of the spouse).
• 2. Choose the type of adoption: simple or full? To help you, ask yourself: is the other parent alive and present? Is the child over 13 and does he or she wish to keep a link? If yes, simple adoption is the natural path.
• 3. Gather the supporting documents: extract of the child's birth certificate, family record book, consent of the parent if they agree, proof of residence, etc. Your lawyer will provide you with the full list.
• 4. Budget accordingly: lawyer's fees (between €1,500 and €4,000 depending on complexity), social investigation costs (€500 to €1,500), possible notary fees if the name is changed. Allow 4 to 6 months for an uncontested procedure, up to 1 year in case of a dispute.
• 5. Consult a lawyer: an initial 30-minute consultation with Maître Perucca (€45) can clarify the strategy to adopt.

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