Adoption of an adult in France - a peculiar planning option

Adopting an adult in France requires meeting specific legal conditions and obtaining the adult's clear consent. The adopter must be at least 26 years old (or 28 in some cases) and maintain a minimum age difference of 15 years with the adoptee - reduced to 10 years when adopting the child of a spouse, PACS partner, or cohabitant. Both single individuals and couples can adopt, provided that couples are married, in a PACS, or cohabiting, and are not legally separated. The adult to be adopted must be over 18 and must explicitly agree to the adoption. 

The adoption does not sever the adoptee’s ties to the biological family. But, it does allow them to benefit from the same tax-free allowance as the adopter’s biological children. The procedure requires building a case including identity documents, relationship evidence, and financial and family status records. Once the case is ready, it will be submitted to the local court.

Adopting an adult enables reciprocal inheritance rights, eligibility for direct-line tax allowances, and eligibility for social protection under family law. While the procedure is more streamlined than adoption of minors, the case must convincingly demonstrate the genuineness of the relationship. The court examines the adoption’s alignment with the adult's best interests before issuance of the adoption order. 

Finally, the adoptee will also be liable for the duty due to parents under French law. 

If you require advice on succession planning for French assets, our dedicated Cross-Border Team, specialising in French law, is on hand to help.