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Simple or full adoption in Lyons, our lawyers advise you

adoption Lyons

What is simple adoption?

Simple adoption gives the adoptee the adopter's name by adding it to the adoptee’s.

When the adopted person and the adopter, or one of them, bear a double surname, the name conferred on the adopted person results from the addition of the name of the adopter to his own name in the limit of one name for each of them.

The choice of the name belongs to the adopter, who must obtain the consent of the adoptee when he/she is over thirteen years old.

In case of disagreement or in the absence of a choice, the name conferred on the adoptee results from the addition of the first name of the adopter to the first name of the adoptee.

In the case of adoption by two spouses, the name added to the name of the adopted child is, at the request of the adoptive parents, either that of the husband or of the wife, within the limit of one name for each of them and if there is no agreement between them, the first name of the husband.

The court may, however, at the request of the adopter, decide that the adoptee shall only bear the name of the adopter. This application may also be filed after the adoption. If the adoptee is over the age of thirteen, his / her personal consent to this substitution of the surname is necessary. (Article 363 of the Civil Code)

The adoptee remains in his/her family of origin and retains all his rights, including hereditary rights. (Article 364 of the Civil Code)

If there are grounds for serious reasons, the adoption may be revoked, at the request of the adopter or the adoptee, or, when the latter is a minor, of the public prosecutor.

The application for revocation made by the adopter is acceptable only if the adoptee is over fifteen years old. When the adoptee is a minor, the father and mother by blood, or failing that, a member of the family of origin up to and including cousin, may also apply for revocation. (Article 370 of the Civil Code)


What is full adoption?

Full adoption confers on the child a filiation that replaces his original parentage: the adoptee ceases to belong to his/her family by blood.

However, the adoption of the spouse's child keeps the original affiliation of the spouse and his family. It produces, for the rest, the effects of adoption by two spouses.

Full adoption gives the child the name of the adopter.

At the request of the adopter (s), the court may change the first names of the child.

If the adopter is a married woman or a married man, the court may, in the adoption judgment, decide, at the request of the adoptive parent, that the name of his spouse, subject to his/her consent, will be conferred on the child.

The court may also, at the request of the adoptive parent and subject to the consent of his/her spouse, confer on the child the names of the spouses in the order chosen by them and within the limit of one family name for each of them. If the husband or wife of the adopter is dead or unable to show his / her will, the court shall decide after having consulted the heirs of the deceased person or his / her nearest successors.

Full adoption is irrevocable.


Homoparentality and adoption

Adoption is now available to same-sex couples. It is now possible to adopt the spouse's child.