From July 1, the procedure for changing your surname will be done by a simple declaration to the Civil Registry. A simplified process, especially for divorced mothers who do not have the same name as their children.
[Mise à jour du 27 juin 2022 à 13h25] From July 1, 2022, changing your surname will be the subject of a largely simplified procedure: all you have to do is make a simple declaration to the Civil Registry. Thus, those who want to bear the surnames of both their parents, or on the contrary who only want that of the father or the mother, see the task facilitated by a procedure which had initially been rejected. Now acquired, the public service details the formalities: “From July 1, 2022, any adult will be able to change their family name simply, by taking, by substitution, the name of the parent who was not transmitted to them at birth and by declaring their choice by form to the town hall of their domicile or place of birth. Before registering this change, the civil status will leave one month to the applicant, who will have to present himself again to the town hall to confirm this decision, possible only once in his life.
From now on, the child will be able to wear “as usual, the mother’s name, either by bearing only her name, or the mother’s name will be added to that of the father, or the order of the surnames will be modified“, had explained the Keeper of the Seals to the Elle magazine. Children over the age of 13 will be able to give their consent, and both parents must validate the child’s surname. However, “in the absence of this agreement, there will be recourse to the judge” he had specified. The procedure does not require any justification and is only possible once in a lifetime. When it is parents who decide to change their name “the change of name of an adult will automatically extend to his children under the age of 13. Beyond that, their consent will also be required” can we read on the site of the public service.
Change of surname: what does this law change?
This law is a small revolution, especially for single and divorced mothers raising their children alone, without the latter having the same name as them. When their child bears the father’s name, they “must justify (their) maternity and show (their) family booklet” at each administrative step, said the Minister of Justice Éric Dupond-Moretti on December 19, 2021 when he defended this proposal, calling the action “humiliating”.
Also taking the example children who no longer wish to bear the surname of an abusive or absent parent, it will then no longer be necessary, in such a situation, to go before an administrative tribunal. A simple Cerfa declaration to the civil status of the town hall will suffice. “Wearing a name you don’t like, the name of your executioner, going through very long name change tests, with refusals, is no longer acceptable” had reacted on social networks Marine Gatineau-Dupré, founder of the collective Porte mon nom.
A bill initially rejected
On February 24, 2022, the senators had first rejected this bill defended by the deputy (La République en Marche) of Hérault, Patrick Vignal, with the aim of facilitate civil status change procedures. The day before, the Senate law commission had decided to table a motion which led to the rejection of the text. In question, the refusal of the National Assembly to amend it, taking into account the remarks of the senators: the latter considered that the interests of children had not been sufficiently taken into account in this bill and that it could cause a backlog of administrative services. Again submitted to the deputies as part of a final reading in the National Assembly, the bill was finally adopted, and therefore comes into force from July 1.