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Chapter IV: Adoption of the child of the other member of the couple

Article 370 of the French Civil Code

With the exception of the provisions of articles 351, 352, 352-1, 352-2 and 353 and subject to the special rules of this chapter, the provisions of chapters I to III of this title apply to the adoption of the child of a spouse who is not legally separated, of a partner bound by a civil solidarity pact and of a cohabiting partner.

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Article 370-1-1 of the French Civil Code

The adopter must be ten years older than the child he proposes to adopt. However, where the difference in age is less than that provided for in the preceding paragraph, the court may order the adoption if there are good grounds.

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Article 370-1-2 of the French Civil Code

In the event of the death of one of the two adopters, a new adoption may be granted at the request of the new spouse, partner linked by a civil solidarity pact or cohabiting partner of the survivor of either of them.

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Article 370-1-3 of the French Civil Code

The full adoption of the child of a spouse, partner bound by a civil solidarity pact or cohabitee is permitted: 1° Where the child has legally established filiation only in respect of that spouse, partner bound by a civil solidarity pact or cohabitee; 2° Where the child has been the subject of a full adoption by that spouse, partner bound by a civil solidarity pact or cohabitee alone and has…

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Article 370-1-4 of the French Civil Code

The full adoption of the child of a spouse, partner bound by a civil solidarity pact or cohabitee leaves the child’s original filiation with regard to that person and his or her family intact. For the rest, it produces the effects of an adoption by a couple.

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Article 370-1-5 of the French Civil Code

The adopter and the other member of the couple choose, by joint declaration, the surname to be given to the child: either the surname of one of them, or their two surnames together in the order chosen by them, subject to a limit of one surname for each of them. This option may only be exercised once. This option may be exercised only once. In the absence of a joint…

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Article 370-1-7 of the French Civil Code

Simple adoption confers the adopter’s name on the adopted person by adding it to the latter’s name. However, if the adopted person is over thirteen years of age, he or she must consent to this addition. Where the adopted person and the adopter, or one of them, bear a double surname, the name conferred on the adopted person results from the addition of the adopter’s name to his or her…

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Article 370-1-8 of the French Civil Code

The adopter holds parental authority concurrently with the other member of the couple, who retains sole exercise of that authority, subject to a joint declaration with the adopter addressed to the director of the judicial registry services of the judicial court for the purposes of joint exercise of that authority.

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