Last name: When and how to make the joint declaration?

For centuries, the child has most often brought the name of his father, and this name alone.This is no longer necessarily the case today.Name of the father, the mother, the two attached names ... can we really choose?What the law says ?When to make this statement?The detail.

Since January 1, 2005, the family name transmitted to the child is no longer automatically that of the father.A great upheaval in the transmission of the family name, formerly called surname (which by its etymology means "name of the father").From now on, it is to the couple of parents that this choice returns, by mutual agreement, as soon as the parentage of the child is established.If parents do not make a choice, the rules for allocating the name vary whether or not married or not.

What last name can you give to your child?

A child whose filiation is established with regard to each of the two parents can bear either the name of the father, or the name of the mother, or the two names attached and separated by a simple space (without dash), 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 family name of the father is Dupont Durand and that of mother Martin, the child can bear the name of Dupont Durand, Martin, Dupont Martin, Martin Dupont, Durand Martin or Martin Durand.

Note: a compound name existing before 2005 is transmitted entirely.Ex: if the name of the father is Ledru-Rollin, and that of Mother Dupuis, the child can receive the name of Ledru-Rollin Dupuis.

What name does the child have if parents do not make a choice?

If you do not choose a surname for your child and you are married, then the child takes the name of his father.This absence of choice is equivalent to a choice, and also applies to the following children of the couple.

Note: in case of disagreement, the child takes the name of the two parents attached in alphabetical order.

If you do not choose a surname and you are not married, your child will wear:

- either the name of the parent who recognized him first,

- either the name of his father when he was recognized at the same time by his 2 parents,

Example of family name: if the father recognizes the child after the declaration of birth, the child takes the name of his mother.

The absence of choice is equivalent to a choice, and also applies to the following children of the couple.In the event of disagreement between parents, the child takes the name of the two parents joined in alphabetical order.

And for the following children?

If both parents are on the birth certificate of their first child, the choice of name made for this first child is imposed on the following children.

What name will the child have if one of the parents is a foreigner?

A child whose parentage is established with regard to each parents can bear the following names:

Father's name

Or the name of the mother

Or the two attached names, separated by a simple space, in the order chosen by the parents, and within the limits of a family name for each of them.

Attention : si le nom du ou des parents étrangers est constitué de plusieurs termes, il est considéré comme indivisible.To divide the name and transmit only a party, you must provide a custom certificate.Ask the country's consulate or embassy concerned.

How to make the joint declaration of choice of name?

In order to choose the name your child will wear, you must make a “joint declaration of choice of name”. La déclaration se fait sur un cerfa, signé par les deux parents à la même date.He must be given to the civil status officer with the declaration of birth.

When to make the joint declaration of choice of name?

The joint declaration of choice of name must be given to the civil status officer of the place of birth at the same time as the Declaration of Birth.The declaration of birth must be made within 5 days following the day of childbirth.The day of delivery is not counted within the declaration of birth.

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