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Plenary adoption: choice of child's surname
Verified 01 April 2022 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice
You're adopting a child by plenary adoption and you wonder what surname give to your child ? This page shows you the rules for choosing the surname according to your situation: couple, single person or if you adopt the child of the person with whom you live in a couple.
What applies to you ?
Adoption by a couple
Step-by-step approach
For the first child of the couple
The adopted child by plenary adoption may be named as follows:
- The name of one of the couple members
In case of double name, it is possible to transmit to the child the 2 parts of the name or 1 alone.
Example:
Name of child adopted by Sofian Balduin and Serena Gautier Diallo may be Balduin, Gautier Diallo, Gautier or Diallo. - Or a double name formed of the names of each member of the couple, in the order they choose, and within the limit of one name each.
Example:
Name of child adopted by Sofian Balduin and Serena Gautier Diallo may be: Balduin Gautier or Balduin Diallo or Gautier Baldwin or Diallo Baldwin.
For their next children
The name given to the 1er child of the couple, adopted by plenary adoption must be given to subsequent children of the couple.
Indeed, the choice of name can be exercised only once.
However, the following child may be chosen:
- The couple has a child born before 2005 and has not made a joint declaration of name addition
- The couple has one child born before marriage and has not made a joint declaration of name change
In the absence of a joint declaration of choice of name, the court responsible for adoption procedure sets the child's name.
The child takes the name of each of the 2 members of the couple, up to 1er name in case of double names, placed alphabetically.
Example:
A child adopted by a couple Avril Marion and Gautier Diallo will be called Avril Gautier.
The declaration of choice of name must be attached to the request for adoption and transmitted to the tribunal responsible for adoption procedure.
The declaration of choice of name is made on free paper. You can download the circular of 29 may 2013 containing a model (annex 4).
Who shall I contact
The adoption decision indicating the new family name of the child shall be entered in the civil registers.
The transcript shall take the place of new birth certificate.
You can request a birth certificate, one family record book or a updating your family booklet.
By a single person
Step-by-step approach
A child adopted by one person by plenary adoption take the name of the adopter.
The same court deals with the motion for adoption and the name change.
Who shall I contact
The adoption decision indicating the new family name of the child shall be entered in the civil registers.
The transcript shall take the place of new birth certificate.
You can request a birth certificate, one family record book or a updating your family booklet.
Adoption of the child of the spouse, Civil partnership partner or common-law partner
Step-by-step approach
For the first child of the adopter and his/her Civil partnership/partner/cohabiting partner
The adopted child by plenary adoption may be named as follows:
- The name of one of the couple members
In case of double name, it is possible to transmit to the child the 2 parts of the name or 1 alone.
Example:
Bérangère Avril Diallo has a child that his father did not recognize.
She's getting married to Gabrielle Gautier.
Gabrielle Gautier adopts that child by full adoption.
The child's name can be: April or Diallo or Gautier. - Or a double name formed of the names of each member of the couple, in the order they choose, and within the limit of one name each.
Example:
Bérangère Avril Diallo has a child that his father did not recognize.
She's getting married to Gabrielle Gautier.
Gabrielle Gautier adopts that child by full adoption.
The child's name can be: Avril Gautier or Diallo Gautier or Gautier Avril or Gautier Diallo.
For their next children
The name given to the 1er common child of the adopter and of the person with whom he or she lives in a relationship, adopted by plenary adoption, must be given to the next children of the couple.
Indeed, the choice of name can be exercised only once.
However, the following child may be chosen:
- The adopter and the person with whom he lives in a couple have a child born before 2005 and they have not made a joint declaration of adding a name
- The adopter and the person with whom he lives in a relationship have a child born before marriage and they have not made a joint declaration of change of name
In the absence of a joint declaration of choice of name, the court responsible for adoption procedure sets the child's name.
The child takes the name of the adopter and the person with whom he or she lives as a couple, up to 1er name in case of double names, placed alphabetically.
Example:
Bérangère Avril Marion has a child that his father did not recognize.
She's getting married to Gabrielle Gautier Diallo.
Gabrielle Gautier Diallo adopts that child by full adoption.
If the name is not chosen, the child is called Avril Gautier.
The declaration of choice of name must be attached to the request for adoption and transmitted to the tribunal responsible for adoption procedure.
The declaration of choice of name is made on free paper according to the a model.
Who shall I contact
The adoption decision indicating the new family name of the child shall be entered in the civil registers.
The transcript shall take the place of new birth certificate.
You can ask: a birth certificate, one family record book or an update of your family booklet.
Effects of the plenary adoption
FAQ
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