Adoption in France is based on a precise legal framework, profoundly modified by the law of February 21, 2022. This text has broadened access to adoption for civil partners and cohabiting couples, while introducing a maximum age gap of 50 years between the youngest of the adopters and the youngest of the children. Understanding these basic rules allows for a clearer approach to the process.
National Approval Database: What Changes from 2026
Before any concrete steps are taken, one point deserves attention: the way approvals are monitored in France has changed. The law of February 7, 2022, concerning the protection of children, created a national approval database for adoption, with the implementing decree coming into effect on February 1, 2026.
This centralized database allows departmental councils and authorized organizations to quickly verify the validity of an approval. It also enables the detection of simultaneous applications in multiple departments, a situation that could previously go unnoticed.
The stated goal is a gradual harmonization of practices between departments, particularly for post-approval and post-adoption follow-up. Several online resources centralize information related to these developments, and the Ado PCJE website notably gathers useful content to keep track of news related to adoption systems.
Full Adoption and Simple Adoption: Two Distinct Legal Regimes
French law distinguishes between two forms of adoption, which have radically different effects on filiation.
Full Adoption
Full adoption permanently replaces the original filiation link. The adopted child acquires the same rights as a biological child, including in terms of inheritance. It is generally reserved for children under 15 years old, with exceptions defined by law.
This irrevocable nature makes it the most binding form, and it is preferred when the child is a ward of the state or legally declared abandoned.
Simple Adoption
Simple adoption creates a new filiation link without removing the original link. The adopted person retains their rights within their biological family while acquiring rights in their adoptive family. It is possible at any age, including for adults.
In terms of tax and inheritance, the rights differ: the simply adopted person does not automatically benefit from the direct line tax regime, except under specific conditions. This technical distinction is often misunderstood by adoption candidates.
Departmental Approval: Conditions and Concrete Process
The administrative approval issued by the president of the departmental council is a mandatory prerequisite for any adoption, except in certain cases of intra-family adoption. Here are the conditions to be met and the steps of the process:
- Be over 26 years old, whether the application is individual or as a couple. For couples (married, civil partners, or cohabiting), a shared life of at least one year is required, unless both partners are over 26 years old.
- The age difference between the youngest adopter and the youngest child must not exceed 50 years, and the minimum age difference remains set at 15 years.
- The procedure includes interviews with social workers and psychologists, an assessment of the living conditions, and results in a decision within a timeframe regulated by law.
- The approval is valid throughout the national territory, which the centralized database now helps to enforce.
The adopted person over 13 years old must personally consent to their adoption, a point that candidates sometimes discover late in the process.
International Adoption: The End of Individual Procedures
Since the entry into force on January 1, 2023, of the ordinance of October 5, 2022, individual procedures in international adoption are prohibited. All procedures must now go through one of these two channels:
- The French Adoption Agency (AFA), a public operator placed under state supervision.
- An Authorized Adoption Organization (OAA), authorized by the department and accredited for the child’s country of origin.
This reform aims to secure the processes and prevent situations of trafficking or circumvention of the legal procedures of the country of origin. In practice, a candidate can no longer directly contact a foreign orphanage or hire an unauthorized private intermediary.
The choice between AFA and OAA often depends on the targeted country. Some OAAs specialize in specific geographical areas and have local networks that the AFA does not always cover with the same granularity. Verifying the organization’s authorization for the targeted country is a prerequisite for any application.
Adoption Project and Support: Key Points to Know
The adoption project does not stop at obtaining approval. The waiting phase, often long, requires specific support that departmental councils and associations offer in various forms.
The psychological and social evaluation conducted during the approval process focuses on the ability of the candidate(s) to meet the needs of a child whose personal history includes disruptions. Social workers examine the living environment, the stability of the family project, and the understanding of the educational issues specific to adoption.
Post-adoption follow-up, made more uniform by the national approval database, is part of the legal obligations. Depending on the departments, it may include home visits, follow-up interviews, and referrals to support groups for adoptive families.
The issue of access to personal origins remains a sensitive topic. The National Council for Access to Personal Origins (CNAOP) supports adopted individuals who wish to obtain information about their history. This right, distinct from the adoption procedure itself, is an integral part of the French legal framework and should be identified early in the dossier construction.
