Adopting a stepchild is a significant step for a family👪, both emotionally and legally 🧑🏼⚖️ – Adopter l’enfant de son conjoint

This procedure, which allows a man or woman to adopt their spouse’s child from a previous union or marriage, requires a thorough understanding of its terms and implications.

Since the law of May 17, 2013, adoption has also been possible for same-sex married couples.

Conditions to be met

1. The child’s age: As a general rule, full adoption is possible for a child up to the age of 15. For a child over 15, only a simple adoption is possible.
2. The adopter’s age: The adopter must be ten years older than the adopted child, although the court may adjust this criterion according to circumstances.
3. Marital status: Adoption can only take place within marriage. There is no minimum duration requirement for marriage, but the adoption procedure cannot continue in the event of divorce.
4. Consents: The consent of the biological parents is required. The child’s consent is required if he or she is over 13.
5. The Adopter’s Non-Spouse : Adoption also depends on the situation of the non-spouse parent of the adopter. The procedure varies according to whether or not the child’s filiation with this parent has been established, and according to the parent’s presence and involvement in the child’s life.

The procedure

The adoption of a stepchild does not require approval, a period of fosterage or placement with a view to adoption. The application must be submitted to the court of first instance for the couple’s place of residence.

Effects of adoption

Adoption creates a legal bond between the adopter and the child, as if it were the adopter’s own child. Full adoption is irrevocable, while simple adoption can be revoked for serious reasons.

It is important to note that simple adoption has different effects on the adopting couple-spouse of the adopter, on the adopter’s family, and on the non-spouse parent of the adopter and his or her family.

Adoption of a child of full age

The adoption of a child over the age of majority is also possible, and follows a procedure similar to that for the adoption of a minor child, except that a lawyer must be present.

If you have any questions about adopting your spouse’s child, please don’t hesitate to contact us. We’ll be happy to help you understand the legal aspects of this important procedure.

Nathalie Van den Bossche

Lawyer specialized in family law

Certified mediator