Filiation

Does the name make the parent?

Publié le 05 décembre 2023 - Directorate for Legal and Administrative Information (Prime Minister)

Separated from the mother, Pierre explains to us that he no longer has any authority over his teenage son, whom he sees on the occasion of his right of access and accommodation. He would like his son not to bear his name anymore.

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Image 1Crédits: Prostock-studio - stock.adobe.com

Enzo doesn't follow any rules, speaks badly to his father and makes family life very difficult. The only solution would be for Pierre to be freed from any parental obligation towards him. For this, he would like Enzo to no longer bear his name.

Service-Public.fr is answering you :

The name doesn't make the parent... It is not enough to change the child’s name to:

  • no longer have custody of them;
  • no longer be his father or mother;
  • disinherit him.

Once filiation is legally established, a legal link is created between the parent and the child. Only death will end it.

Parentage has a number of effects related to:

  • the transmission of the surname;
  • parental authority and the obligation to provide for the maintenance and upbringing of the child;
  • maintenance obligations;
  • the inheritance of family property.

The name of the child and filiation differ in that the name, as an element of identification, is a consequence of filiation. Because Enzo is a child of Peter or Anne, he has a given surname. Changing his name will not affect the legal relationship that has been created: filiation.

Nor is it enough to change one's name to disinherit one's child. Affiliation, which creates rights, remains.

Nor is it possible to deny one’s child. Parental authority, born of filiation, creates obligations towards parents. Parents must “protect the child in his or her safety, health, morals, education and development, with due respect for the child.” Even when the exercise of this parental authority is difficult, the parent cannot renounce it. Changing the child’s name to think that the “name makes the parent” will not change that. Parentage remains and with it parental obligations.

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