Contents
First of all, maternity and paternity leave allow mothers to rest and parents to welcome their babies. You can also benefit from various aids, allowances, reimbursements. But you also have homework. Becoming a parent means acquiring different responsibilities towards your child: protecting their dignity, their safety, their physical and psychological integrity, their health, their well-being, and supporting them in their learning.
What administrative procedures to take after the baby is born?
As soon as your child is born, the doctor or midwife will give you a certificate attesting to this birth. Your spouse – or another person -, provided with the family record book and this certificate, will declare the birth of your child to the town hall of the town where the birth took place. This declaration can also be made by the maternity ward. The child will then be registered on the family record book.
THEbirth certificate state the day, time and place of birth, the sex of the child, the first names that will be given to him, the family name – followed if necessary by the mention of the joint declaration of his parents as to the choice carried out – as well as the first names, surnames, ages, professions and domiciles of the father and mother and, if applicable, those of the declarant. If the father and mother of the child or one of them are not designated to the registrar, no mention will be made in the registers on this subject.
Parents are free to choose the the last name of of the child on the sole condition that these first names or one of them, alone or associated with the other first names or with the name, are not contrary to the interests of the child (ridiculous first name, for example) or to the rights of third parties to see their patronymic protected (for example, a parent cannot choose as a first name the last name of another person, the use of which would constitute a usurpation).
When should you declare a birth in France?
The declaration of birth is compulsory and must be made within five days of birth. The day of delivery is not counted within this period and, if the last day is a public holiday, the period is extended until the next working day. After this period, the registrar no longer has the right to draw up the birth certificate before a court judgment has been issued, which entails long and costly formalities. A late declaration may, in addition, lead to criminal sanctions. The person who will declare the birth will make several photocopies of the family record book, or the birth certificate extract, which will be necessary for subsequent procedures: family allowances, etc.
• Immediately declare the birth of your child to your health insurance fund and to CAF.
Warning
If you want to give your child the double name of both parents, or his mother’s name, you must make a joint surname declaration, even if you are married.
The Family Booklet
A family record book is given to the spouses on the occasion of their marriage and to unmarried parents upon the birth of their first joint child. If you have lost your original family record book, or if it has been stolen, you can request a second family record book (a duplicate).
In the event of separation, anyone who does not have the family record book can request a second one.
Declaration of the newborn: the name of the child
From patronymic name to family name
Until 2002, and with the exception of children who had only been recognized by their mother, everyone bore the father’s name (patronymic). • In 2002, the law introduced a possibility of choice. Parents can by a joint declaration to the civil status officer choose the surname of their child: “either the name of the father, or the name of the mother, or their two names joined in the order chosen by them within the limit of one last name for each of them ”; if there is no choice, the child takes the father’s name.
• In 2005, an ordinance specifies that in the absence of a joint declaration mentioning the choice of the child’s name, the latter takes the name of that of his parents with respect to whom his filiation is established first; and he takes his father’s name if his filiation is established simultaneously with regard to both (this is the case in particular when the parents are married).
• The 2013 law set aside the default priority of the father’s name in the event of parental disagreement: if one of the parents disagrees with the choice of name, the child takes the name of each parent, appended in alphabetical order. From now on, only the non-intervention of the parents (no common choice or manifestation of disagreement) gives primacy to the name of the father.
What name can be chosen?
• When their child is born, parents can choose the surname they will bear: either one of their two names, or both names in the order of their choice.
• If there are other children already, this name cannot be different from the one used by the elders.
• If the parents have not made a choice, the child will bear the name of his father if his parents are married or if he has been recognized by both parents; or the name of the one of his parents who recognized him first.
• Here is a example : Émilie Veymont and Laurent Mirari give birth to Nathan. The latter may be called Nathan Veymont or Nathan Mirari or Nathan Veymont Mirari or Nathan Mirari Veymont, if the parents agree. In case of parental silence, his name will be Nathan Mirari. If the parents disagree on the choice of name, his name will be Nathan Mirari Veymont.
Note
• Only one of the two names will be transferable.
• The name chosen for the first child of the siblings must be retained for the following ones. Non-choice is equivalent to a choice and is imposed on other children.
• The civil status officer cannot give an assessment of the possibly ridiculous or pejorative nature of the chosen composition.
• The father’s name is still very much given: according to INSEE, 83% of babies born in 2014 bear the father’s name alone (up to 95% for children born in a married couple). 7% of babies receive their mother’s name (in more than 90% of cases, the child was not recognized at birth by his father). One in ten babies has a double name. Double names are most often composed in the order “father’s name – mother’s name”. Babies with double names more often have one or two parents of Spanish or Portuguese speaking origin. In fact, traditionally in Spain and Portugal, the child bears the name of both parents.
When is the name chosen?
Parents who wish to use this faculty must make a name choice statement : either at the time of the birth of the child, or subsequently and during the entire minority of the child when the latter, recognized by only one of his parents at the time of his birth, is then recognized by the other. The consent of the child over 13 years old will be required. The declaration consists of a written document, notarized or simple deed on plain paper. Parents can use a form that will be given to them by the registrar at the time of the formalities for the recognition of the child or the formalities prior to marriage. In case of birth abroad (of a child of whom at least one of the parents is French), parents who have not used this option of choosing a name may do so when requesting a transcription of the document, at the latest in the 3 years of birth of the child.
Name of the child whose parentage is only established with regard to one of the parents In this case, the child takes the name of this parent (that of the mother if she alone has recognized the child). If the parentage is subsequently established with regard to the father, the parents may, at that time and during the entire minority of the child, make a joint declaration of a change of name, either by replacing the initial name with that of the second parent, or by giving it the two names side by side in the order chosen by them. However, if they already have a child born since January 1, 2005 whose filiation has also been recognized in two stages, or who have already benefited from a declaration of change of name, they will only be able to give this second child the name from the first.
If no declaration is made, the child keeps the name of the parent who first recognized him.
Note
• In all cases, the choice of name made by the parents is irrevocable and can only be exercised once.
• The consent of the child over 13 years old is required.
We only spoke about children born after 2005, benefiting from the new law on the last name. When there is already one or more children born before 2005 in the siblings, the attribution rules are different and vary according to the situations that we cannot all envisage.
In case of adoption
You have just adopted a child or are in the process of adoption. You wonder what name your child can bear. It will depend on the method of adoption, simple or plenary.
• Thefull adoption (there is no longer any link between the adopted child and his family of origin) confers on the child the name of the adopter, whether it is a couple of the different sex or of the same sex.
In the event of the adoption of a child by two spouses, or the adoption of the child of the spouse, the spouses or the adopter and his / her spouse choose, by joint declaration, the surname of the child: either the name of one of them, or their two names joined in the order chosen by them, within the limit of one last name for each of them. This option can only be exercised once. In the absence of such a declaration, the child takes the name of each of the two adoptive parents or of the adopter and his or her spouse, within the limit of the first surname for each of them, joined in the order alphabetical. When a name choice has been made for a previous common child, the name previously chosen is valid for the adopted child.
When the adoptive parents or one of them have a double surname, they can, by a joint written declaration, transmit only one name to the adopted child.
At the request of the adoptive parent (s), the court may change the child’s first names. • Simple adoption leaves the links with the family of origin and gives the name of the adopting parent to the adopted child by adding it to the latter’s name (within the limit of one name for each of them if the adopter and / or the adoptee have a double name). Several combinations of names are therefore possible.
Usual name and surname
• Anyone can, in everyday life, for use, use the names of both parents. It is sufficient that the birth certificate show the double filiation (indication of the name of both parents). For the minor child, this choice must be made with the agreement of both parents.
• After marriage, each spouse has the option of using the other’s name for custom. This use is optional and has no automatic character. Whether you are a man or a woman, you can choose as the usual name either only the name of your spouse, or a double name consisting of your own name and the name of your spouse in any order you wish.
• The usual name does not replace the family name which remains the only name mentioned on civil status documents (birth or marriage certificate, family record book, etc.). On the other hand, the name of use can be used in all the acts of the private life (school for example), family, social or professional. As soon as the request is made, it is this name which must be used by the administration in the letters it sends.
Note
It is not possible to use as a common name the name of the cohabiting partner or the PACS partner.
The name change
• The name can be exceptionally modified when the person has a legitimate interest: for example when it is a question of a ridiculous or misleading name, or the francization of a foreign name, or even, under certain conditions, to avoid the extinction of ‘a name.
• The request is presented by petition to the Minister of Justice. The name change is authorized by decree. Mention of decisions to change name is made in the margins of the civil status documents of the person concerned and, where applicable, those of his spouse and children.
Change of first name
The law of November 18, 2016 simplified the procedure for changing the first name. The request is submitted at the town hall to the registrar of the place of residence or the place where the birth certificate was drawn up. If it is a minor, the request is submitted by their legal representative. The addition, deletion or modification of the order of first names can also be requested. If the child is over thirteen years of age, their personal consent is required. Recourse to the family court judge is no longer necessary unless the registrar considers that the request does not have a legitimate interest and the public prosecutor opposes the change.
This article is taken from the book “J’élève mon enfant” by Laurence Pernoud. Horay editions.
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