Marital status

When can you change your child's first name?

Publié le 29 janvier 2025 - Directorate for Legal and Administrative Information (Prime Minister)

Parents wanted to rename their child 3 weeks after birth. Their application is rejected on the grounds that it does not have a "legitimate interest". In what cases can a first name change be allowed?

Any person (or his legal representative) can ask the registrar to change his name. If the latter considers that the request is not legitimate (because it is contrary to the interests of the child), it refers the matter to the public prosecutor, who is responsible for deciding. If the prosecutor also objects, the applicant must apply to the family court judge.

Three weeks after the birth of their child, parents asked to rename the child. Their application is refused by the public prosecutor on the grounds that it does not have a ‘legitimate interest’ within the meaning of the Civil Code (rule 60).

In which case can a request for a change of first name be legitimate?

Service-Public.fr replies:

In this case, the prosecutor issued his decision when the child was over 3 years old and his family called him by a common name (other than that indicated on his civil status). The judgment of the Court of Appeal stated that, in the case of a 3-year-old child, a prolonged use of the first name could not be established.

For the Court of Cassation, in so ruling, the Court of Appeal did not draw the legal consequences of its findings (on the day it ruled, the child was called by his family from the new name).

In its judgment of 20 November 2024, the Court of Cassation held that “the legitimate interest [...] may consist in particular of the prolonged use of a first name other than that registered in the civil registry”. Civil status or the public prosecutor may not refuse to allow parents to change the birth name of their child after prolonged use of the new given name chosen.

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