Name change: A law to end the omnipotence of the “Father’s Name”

There isAnthropologists and psychoanalysts will probably see the “isolation of civilization” in it; Lawyers, a significant change in filing law. “It’s easy to change your title now,” the Ministry of Justice observed Entered into force on the 1ster The law of July 2, 2022 significantly amends the rules regarding the use of names, titles and first names.

Names of minor children

The main changes brought by the text are contained in a new article (311-24-2) of the Civil Code. This introduces a major novelty: a parent with parental authority who has not sent his or her family name can associate it with the use name of his or her minor child – if he or she is over 13, the child’s consent is required. The other parent’s agreement is no longer required, but the latter must be notified prior to this change In this case, it can only be an addition to the second position (second title) and not a replacement. Fabien Belier, 8, was born in the union of Marcel Bélier and Estelle Durand. The single mother may decide to give her son Fabian the usual name Belier Durand – but not Durand or Durand Beliar. In case of father’s disagreement, the Family Affairs Judge (JAF) may seize and rule In the endIn the interest of the child.

The law restricts the choice of a minor’s name only to parents; Thus this faculty is withdrawn from other holders of the practice of parental authority (family council, divisional council, etc.). For the rest, and if they agree, two parents can freely correct their child’s common name: adding, as in the previous case, but substituting or reversing the two names. Fabian Beliar was born to Marcel Beliar and Estelle Durand. In the agreement of his two parents, Fabian can be called Beliar Durand, Durand Beliar or simply Durand. Again, his consent will be required if he is over 13 years of age.

Adult names

In the case of adults, the law also provides for significant changes. It was already possible for them – since the marital rule of 23 December 1985 had a law on equality of spouses – to add the name of the parents as a matter of practice which was not sent to them. They can now reverse the order of the two names or take the parent name by substitution which was not given to them. Let’s take the example of 45-year-old Fabian Belier, who was born to Marcel Beliar and Estelle Durand. He can now call himself Durand, Bélier Durand or Durand Bélier. If he is already called Beliar Durand, he can take the name Durand Beliar.

A simple declaration of civil status is sufficient, specifying that this simplified procedure, which can be used only once in the applicant’s life, is reserved for adults – it does not apply to name changes. Use of a minor child. In contrast to the change of name by decree, the change is correct; The registrar is no longer required to confirm the validity of the request and the formality of the promotion is not required. Before registering this change, the Town Hall will impose a one-month delay on the applicant, who must confirm his choice after this period.

Concerning the name used for marriage, finally, Section 225-1 of the Civil Code preserves the possibility of using the name of another spouse for each spouse, by substituting or adding to his or her own name. Preferred order. Nadine Dupont married Jean Martin. Nadin (and this is also true for Jean) can be called Nadin Dupunt, Nadin Dupunt Martin, Nadin Martin Dupunt or Nadin Martin.

An appendix limited to a single name

Ultimately, whether it is a change of surname due to filial piety or marriage, the law ensures that the possible addition of a surname is limited to a single surname. . Fabien Belier Gorce and Raphael Martin Aubert are getting married. Fabian may be called Belier Gors or Martin Aubert, or even Beliar Martin, Martin Beliar, Beliar Aubert, Aubert Beliar, etc., but not Beliar Gors Martin or Aubert Martin Gors. On the other hand, if the name is composed, it can be repeated completely. Fabien Belier-Gorce adopted Rafael Martin-Abert as her husband. He could be called Beliar-Gors, Martin-Ebert, Beliar-Gors Martin-Ebert or Martin-Ebert Belier-Gors!

In addition to these new provisions, the adoption of a name other than the parent’s name or the franchising of the family name still requires the approval of the Ministry of Justice – it may reject it if the reasons stated are insufficient. On average, 4,000 people request a name change each year for a variety of reasons. According to a survey, 20% of French people will consider changing their username, by adding or substituting.

This law has opened new horizons for women.

“I first wrote this law against women and against violence against them, them and their children,” said Patrick Vignal, Hérault MP (LREM), a reporter for the bill in which he named her. “This law opens new horizons for them,” the MP argued. “A woman can now freely add her child’s name, knowing that, in 80% of cases, children carry only the father’s name. The Member of Parliament gives several examples of the application. “A mother is separated from her wife; the addition of her name will no longer force her to prove that she is in fact the mother of the child when she takes her son to the hospital or takes him on a trip abroad.”

“Pulling the ball from the right side, I also discovered all the misery hidden behind the problems of this name,” Patrick Vignal reiterated. And to quote the example, “taken from reality”, this pregnant woman being hit by her partner. The child is born with a disability and bears the name of the father, who leaves home. “Every time the teacher gave her name at school, the baby started crying. Another dramatic example: a woman between the ages of 5 and 17 was raped by her stepfather, who wanted to recognize her. “He did not want to engrave his attacker’s name on his headstone. A simple appointment in civil status would allow him to change his mother’s name without justifying himself,” explains Patrick Vignal. Montpellier’s elected official added, “In the end, requests for change came to the ministry, which brought together the magistrates to study them. This formality is no longer needed if it is an adult requesting a name change.”

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Adopted in the second lesson, the Vignal Act was approved by a large majority of deputies – others abstained. “I’m a white man in my 50s, I’m not a feminist, but I’m in transition and I think things need to change. He tells me: “Women give life, the name is the only thing that goes to children.”

A “militant and committed” member of parliament, he considers that “things will definitely work both ways”. From the beginning of the school year, he will deal with a bill regarding the custody of children of divorced parents. “This time, the question will be to give fathers more rights, when they want to invest more in their children’s education, after their separation. In 80% of cases, accommodation is arranged with the mother, who provides most of the care. That’s not right. We have to walk on two legs in the principle of equality. “But this is another story.

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