Legal bond
The result of an adoption is to establish a legal bond between two people, which has much the same consequences as an ordinary parentage. There are two types of adoptions: full and ordinary adoption. They are largely subject to the same conditions and go through the same procedure. The difference is mainly in terms of consequences. This Wanted Wiki explains these different consequences.
General
A full adoption will have more far-reaching consequences than a regular adoption. In a regular adoption, only the adopter on the one hand and the adoptee and their descendants are ‘connected’. In this case, the original parentage and kinship still remains, but the adoption will change some of the consequences.
With a full adoption, on the other hand, the original lineage bond is broken and replaced by the adoption. A full adoption therefore ensures that the adoptee and his descendant are considered descendants not only in relation to the adopter, but also in relation to his family. Thus, in this case, the adoptee becomes a full family member and enjoys the same consequences as in the case of an original parentage.
However, a full adoption is only possible if the adoptee is still a minor at the time of the application. In the case of an ordinary adoption, there is no upper age limit. It may also be noted that an ordinary adoption can be revoked for very serious reasons, while this is excluded in the case of a full adoption.
The adoption takes effect from the moment the deed of adoption is drawn up by the registrar of births, marriages and deaths. From then on, the adoption is final and applies both inter partes and erga omnes. This deed also creates retroactive legal effects from the time of filing the petition for adoption. The relationships established by the adoption are then deemed to exist from the day of filing.
Last name
In principle, when one person proceeds to adopt, the adopted person's last name will change to that of the adopter. However, if the adoptee is the child of the spouse or partner of the adopter, there are several options. Either the adoptee keeps his name, or he gets the name of the adopter, or his name becomes a combination of both. When there are two adopters, they can choose that the adoptee bears either both their surnames or one of them (Art. 353-1 Old Civil Code).
However, one can deviate from this and ask for a double name: the original name of the adoptee and that of an adopter. If one wishes to keep the original name, the original parents or guardian will have to consent to this if the adoptee is a minor (art. 353-2 old Civil Code).
An adult adoptee, however, can expressly request to keep his original name unchanged (art. 353-3 old Civil Code).
The adopted person's descendants are given the same name, even if they were born before the adoption. Majority descendants can, however, choose to keep their name (art. 353-6 old Civil Code).
Parental authority
Adoption also gives the adopter parental authority. This includes important decisions regarding the health and education of the adoptee, the management and enjoyment of his/her property. In a stepparent adoption or an adoption by two persons, they exercise parental authority jointly (art. 353-8 and 353-9 old Civil Code).
It also follows that the original parents lose their parental authority. When one (of the) adopter(s) dies, the original parent(s) can request to regain parental authority. If they do not do so or the request is rejected, the adoptee is placed under guardianship (art. 353-10 old Civil Code).
Maintenance obligations
Like the original parents, the adopter has a maintenance obligation towards the adoptee and his/her descendants if they can no longer support themselves. The adopters will be liable for maintenance in the first place, followed by the original parents. In a stepparent or partner adoption, both the spouse or partner and the adopter will be liable for maintenance. But the reverse also applies: the adoptee and his/her descendants must provide for the maintenance of their adopter(s) and original parent(s) if the latter are indigent (art. 353-14 old Civil Code).
Inheritance law
In terms of inheritance law, the just adopted and their descendants can inherit from their original family as before the adoption. In addition, they can also inherit from the adopters. This is limited to the adopters and does not extend to inheriting from other family members (Art. 4.12 Civil Code).
A full adoption breaks the family ties between the adoptee and their original family. However, this must be nuanced in the case of full stepparent adoption, full partner adoption and full former partner adoption. In that case, the child of the spouse, partner or former partner of the adopter, still belongs to the family of that spouse or that (former) partner.
Last name
Regarding the last name, the same rules apply in full adoption as in an regular adoption, except that the adoptee cannot ask to keep (also) his/her original name (art. 356-2 old Civil Code).
Parental authority
Only the adopter or adopters have parental authority in a full adoption. The original parents lose this authority, with that nuance that in a full stepparent adoption or (former) partner adoption, the child's original parent must exercise this authority together with the adopter. The original parents cannot reclaim parental authority upon the death of (one of) the adopter(s).
Maintenance obligations
Since the adoptee no longer belongs to his/her original family, he/she no longer has a right to, but also no longer has a duty of maintenance towards his/her original family.
Inheritance rights
The fully adopted person and his descendants are considered full heirs under inheritance law, which also allows them to assert their inheritance rights against the entire adoptive family. The adoptive family also has inheritance rights to the adopted person's estate.
Other consequences
Adopters may request to change the adopted person's first name during the adoption procedure. If the adoptee is over 12 years old, he must consent to this. Unlike with the last name, the original parents do not have to consent.
Both regular and full adoptions will maintain the marriage impediments in the adoptee's original family. In full adoption, the same marital impediments will also come into play in the adoptive family. In regular adoption, on the other hand, the law provides for five cases in which marriage is prohibited (see art. 353-13 old Civil Code).
Are you considering adoption or have any personal questions?
If so, feel free to contact the lawyers at Wanted Law. They will be happy to help you further!