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Last name: how to choose the name of the child?
Since January 1, 2005, the surname transmitted to the child is no longer automatically that of the father. Both parents can choose the last name for their offspring. Explanations.
When declaring the birth of a baby, you should also think about the last name that the baby will have. Since 2005, legislation has allowed parents to have free choice. However, the choice can only be made once and is irrevocable.
The joint father and mother declaration is made using the form provided by the registrar at the time of recognition of the child. You will also find this form in various public services: family allowance fund, etc.
Birth of a child: declaration of the family name
This declaration is given to the civil status of the place of birth when the child’s birth is declared.
The child can therefore wear:
- father’s name
- mother’s name
- the two names side by side in an order chosen by the parents and within the limit of one last name for each if they themselves bear the names of both parents.
Regarding compound family names, they become a unique name, inseparable and therefore transmitted in full. Note that a divorce or separation between the parents does not change the child’s surname.
Another case: a natural child before a marriage When a woman, having had a natural child previously, gets married, her husband can give his name to the child. In this case, a joint declaration by the mother and her husband is filed with the guardianship judge. Later, the child can ask the JAF to take back the name he had before, only two years after his majority. |
Last name: terms and conditions
The last name declaration form must be signed on the same date by the father and mother of the child. If one or both parents are unable to attend, it is possible to present:
- a single document signed by each of the parents on different dates
- two different documents, signed on the same day or on different dates, from the moment the parents agree to give their child a matching name.
For couples with a child born before 2005, the choice of family name is possible, for the benefit of the younger child if the eldest child has not been the subject of a declaration of addition of name or of joint declaration. name change.
For couples with a child born after January 1, 2005, the choice of last name is possible for the benefit of the youngest if the eldest parent’s parentage does not allow a declaration of choice of name and provided that no declaration of change name was subsequently subscribed.
Last name: without choice of parents
For married parents:
In the absence of a joint declaration between the father and the mother, the child takes the father’s name. Non-choice is equivalent to a choice and is imposed on other children.
When the parents are not married:
In the absence of a joint declaration of choice of surname, the child takes the name of the parent for whom his filiation is established first. For example, if the father recognizes the child after the birth declaration, the child takes the mother’s name. If filiation is established simultaneously between the two parents, the child takes the father’s name.
Last name change
In case of disagreement:
A special procedure is foreseen in the event of disagreement between the parents: the child then takes the name of the two adjacent parents in alphabetical order.
If only one parent appears on the child’s birth certificate, the child takes the name of that parent. The declaration of a change of name is possible, as long as the other parent recognizes the child (deferred) and under certain conditions.
If the child was born before July 1, 2006 :
The declaration of a change of name is possible during the minority of the child, and if the latter has been recognized by both parents in a deferred manner (separately), and if one of the parents has recognized the child after the declaration of birth.
If the child was born from July 1, 2006:
The change of name is possible during the minority of the child if the father recognizes it after the declaration of birth. The declaration of a change of name can be made by the parents during the minority of the child. It must be made, in the presence of both parents, before the registrar of the place where the child lives.
The personal consent of the child over 13 years old is required, and can be given either in writing or collected by the registrar.