Choice of a child's surname by father and mother
Verified 23 September 2024 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice
What surname can parents choose for their child? How to make the declaration? What happens if there is disagreement? Can the child's name be changed if the father recognizes the child after the birth declaration? Here are the main rules to know about the choice of surname.
Please note
The rules for choosing the child's name are different for a couple of women and in the event of adoption, plenary or simple.
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1st child
If the parentage the child is established in respect of each of his parents, he may bear one of the following names:
- Either the name of the father, or the name of the mother, or a single word of the double name of one of them
- Let their two names be joined, separated by a single space, in the order chosen by them, and within the limit of one surname for each of them in the case of a double name.
The choice of a child's name cannot be exercised only once.
Example :
Father's name: Dupond Durand
Mother's name: Dupuis
Child Name: Dupond Durand or Dupuis or Dupond Dupuis or Durand Dupuis or Dupuis Dupond or Dupuis Durand or Dupond or Durand
FYI
One compound name existing before 2005 is indivisible (nonbreaking). He is transmitted in full. The same rule applies to a compound name following a simple adoption.
Example :
Parent indivisible compound name: Ledru-Rollin
Mother's name: Dupont
Child Name: Ledru-Rollin or Dupont or Ledru-Rollin Dupont or Dupont Ledru-Rollin
Subsequent Children
If the 2 parents appear on the birth certificate of their 1er child, the choice of the name made for this 1er child is imposed on their next children.
Example :
Eric Ledru-Rollin and Fanny Dupont have chosen the name Dupont for their 1er child born on 1er October 2022.
Their 2e child is born on 4 january 2024. That child must be called Dupont.
Parents need to make a joint statement mentioning the choice of surname of their 1er common child.
The joint declaration shall be made on the cerfa form no. 15286.
Parents sign every 2 the form on the same date.
The joint declaration shall be remittance to the registrar during the birth declaration.
The registrar shall enter the surname in the birth certificate of the child provided that the link between parentage established in respect of each parent.
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The parents are married together
If the parents don't joint declaration of choice of name, the child takes the father's name.
This lack of choice is equivalent to a choice and applies to subsequent children of the couple.
The parents are not married together
If the parents don't joint declaration of choice of name, the child shall carry:
- Either the name of the person who recognized him first
- Either the name of his father when he was recognized at the same time by his two parents
For example, if the father recognizes the child after the birth declaration, the child takes the mother's name.
This lack of choice is equivalent to a choice and applies to subsequent children of the couple.
Statement of disagreement
If the parents disagree on the name of their child, one of the parents must report it in writing to the registrar of his choice.
The process has to be done by the day of birth declaration.
In practice, the parent has a statement of disagreement to the registrar before the birth of the child.
You can download the circular of 29 may 2013 containing a model declaration of disagreement on the name (annex 5).
The registrar checks the declaration, puts in his visa and returns it to the parent.
Parent must deliver this document the day of the declaration of birth to the registrar of the place of birth of the child.
Child's name
The registrar shall give the child a double name, consisting of the 2 names of the parents in alphabetical order.
If a parent has a double name, the officer only uses the 1er to compose the child's name.
The name given to this child is imposed on the following children of the couple.
Example :
If the father's name is Susini and the mother's name is Delmas, the child name is Delmas Susini.
If the father's name is Susini and the mother's name is Delmas Moreau, the child name is Delmas Susini.
Parents can change the surname of their minor child by joint declaration before the registrar if the father recognized the child after the birth declaration.
Choosing a new name
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1st child
Parents have 2 options:
- Replace the name given to the child by the name of the parent who recognized the child in 2nd
- Match their 2 names, in the order of their choice, up to a maximum of surname for each of them
The choice of a child's name cannot be exercised only once.
Example :
Mother's name: Leroy
Father's name: Faure Girard
Name of the child before recognition by the father: Leroy
New name of the child, after recognition by the father: Faure Girard or Faure Leroy or Girard Leroy or Leroy Faure or Leroy Girard.
Subsequent Children
If the 2 parents appear on the birth certificate of their 1er child, the choice of the name made for this 1er child is imposed on their next children.
Example :
The 1er child of Eric Faure Girard and Fanny Leroy His name is Victor Faure Leroy.
The last name of their 2e child must be Faure Leroy.
New Name Declaration
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Child under 13 years
Parents need to make a joint statement front the registrar of their choice.
If you wish, you can use the reporting template next:
Template for declaration of change of name for a minor child in case of change of filiation
Child 13 years of age or older
Parents need to make a joint statement front the registrar of their choice.
A child 13 years of age or older must give agreement in writing or orally.
If you wish, you can use the reporting template next:
Template for declaration of change of name for a minor child in case of change of filiation
Consent of a minor aged 13 or over to change his name when his filiation changes (model letter)
Please note
The 2 parents must be present front the registrar. However, if one of the two parents has a serious impediment, they may be represented. For example, if he is hospitalized. The person representing the absent parent must have a special and authentic power of attorney.
Consequences of renaming
The name change is mentioned in the margin of the birth certificate of the child.
The new name applies to next children of the couple.
Civil status rules in the case of a child who died at birth
Choosing the surname for a child
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