Consequences of Simple Adoption in France Sample Clauses

Consequences of Simple Adoption in France. The most important consequence of simple adoption is that legal ties are established with the adopter(s) and their children without severing the legal ties with the original family.27 The adoptee retains all rights and duties with regard to the original family, including inheritance rights, but in addition obtains rights and duties with regard to the adopters, including inher- itance and maintenance rights and duties.28 Maintenance obligations between adoptee and adopter are reciprocal. The original parents also have a maintenance obligation, but only if the adopters cannot provide for the adoptee.29 Legal inheritance rights between the adopter and the adoptee are limited. The inheritance rights of the adoptee and their children only cover the adopters and vice versa, if the adoptee dies without offspring or spouse, the goods, insofar as that they still exist, that the adoptee received from the adopters (either though a gift or inher- itance) will be returned to the adopter or their offspring and without prejudice to the rights of possible creditors. Goods received by the adoptee from the original parents will be returned to the original parents or their offspring. The rest is divided between the original family and the adopters. Simple adoption by a French national does not automatically provide the adoptee with French nationality.30 This can be obtained at the adoptee’s request until he reaches the age of majority if the adoptee resides in France and the adopter was a French national at the time of the simple adoption.31 There are a number of exceptions to the requirement that the adoptee needs to reside in France.32 The adopter’s family name is added to family name of the adoptee, unless the adoptee who is 13 years or older does not agree. There are specific rules for simple adoption by a stepparent. The adopter will obtain parental responsibility as a result of the simple adoption if the adoptee is a minor. If the adopter is the partner of the other parent, they will hold parental responsibility jointly. This means that, in the case of stepparent adoption, the other parent’s parental responsibility will be terminated, since only two persons can hold parental responsibility with regard to a child. It is interesting to note that a simple adoption does not preclude a biological father from establishing his paternity; this would have no con- sequences for the simple adoption.33 The biological father would become a legal parent, next to the legal mother and...
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