In a simple adoption, the age of the adoptee is irrelevant: both adults and minors may be adopted, whereas in a full adoption, the adoptee must be a minor under fifteen years old.
Unlike full adoption, which produces particularly strong effects by establishing an irrevocable parentage that completely replaces the original parentage, simple adoption is revocable and allows the original parentage to remain.
Indeed, full adoption grants the child a parentage that replaces their original parentage, meaning they no longer belong to their biological family.
In contrast, in a simple adoption, the adoptee adds the adoptive parent's name to their own. The adoptee retains all rights from their original family, including inheritance rights.
An adoption legally granted abroad will have effect in France, but it will be necessary to request the exequatur of the foreign judgment.
The refusal of exequatur for a foreign decision authorizing an adoption by a same-sex couple was decided because it would register a child in the civil registry as born to two parents of the same sex, contrary to a fundamental principle of parentage law (Civ1, 7 June 2012, case n°11-30261).
Such a ruling could no longer be issued since the law of 17 May 2013, which opened marriage and adoption to same-sex couples and allowed adoption of the spouse's child as provided by this law.
For example, the adoption of the biological mother's child by her married same-sex spouse is now possible.
In other words, the law of 17 May, by instituting marriage for all and adoption for same-sex couples, fundamentally changed the principles of adoption and parentage under French law.
Family Law
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