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Since January 1, 2005, the surname transmitted to the child is no longer automatically that of the father.. A great upheaval in the transmission of the family name, formerly called patronym (which by its etymology means “name of the father”). From now on, it is up to the parent couple to make this choice, by mutual agreement, as soon as the child’s parentage is established. If the parents do not make a choice, the naming rules vary if they are married or not.
What last name can you give your child?
A child whose filiation is established with regard to each of the two parents may bear either the name of the father, or the name of the mother, or the two names side by side and separated by a single space (without hyphen), in the order chosen by the parents.
If one of the parents (or both) already has a double name, only one of these names will be transmitted to the child.
Example: if the father’s last name is Dupont Durand and that of the mother Martin, the child can be called Dupont Durand, Martin, Dupont Martin, Martin Dupont, Durand Martin or Martin Durand.
Please note: a compound name existing before 2005 is transmitted in full. Ex: if the father’s name is Ledru-Rollin, and that of the mother Dupuis, the child can receive the name of Ledru-Rollin Dupuis.
What name does the child have if the parents do not make a choice?
If you do not make a choice of last name for your child and you are married, then the child takes the name of his father.. This lack of choice is equivalent to a choice, and also applies to the couple’s subsequent children.
Note: in case of disagreement, the child takes the name of the two parents next to each other in alphabetical order.
If you don’t no choice of last name and you are not married, your child will wear:
– Either the name of the parent who recognized it first,
– Either his father’s name when it was recognized at the same time by his 2 parents,
Example of a surname: if the father recognizes the child after the birth declaration, the child takes the name of his mother.
Lack of choice equals choice, and also applies to the couple’s subsequent children. In the event of disagreement between the parents, the child takes the name of the two parents next to each other in alphabetical order.
And for the following children?
If both parents appear on the birth certificate of their first child, the choice of name made for this first child is binding on subsequent children.
What name will the child have if one of the parents is a foreigner?
A child whose filiation is established with regard to each of the parents may bear the following names:
The name of the father
Or the mother’s name
· Or the two names side by side, separated by a single space, in the order chosen by the parents, and within the limit of one last name for each of them.
Caution : if the name of the foreign parent (s) is made up of several terms, it is considered to be indivisible. To divide the name and transmit only part of it, you must provide a certificate of custom. Check with the consulate or embassy of the country concerned.
How to make the joint declaration of choice of name?
In order to choose the name for your child, you must make a “Joint declaration of choice of name”. The declaration is made on a cerfa, signed by both parents on the same date. It must be given to the registrar with the declaration of birth.
When to make the joint declaration of choice of name?
La joint declaration of name choice must be submitted to the registrar of the place of birth at the same time as the declaration of birth. The declaration of birth must be done within 5 days of the day of delivery. The day of delivery is not counted in the period of declaration of birth.