Any person of legal age may use one of the names provided for in the first and last paragraphs of article 311-21.
With regard to minor children, this option is exercised by both parents exercising parental authority or by the parent exercising parental authority alone.
In addition, a parent who has not passed on his or her surname may add it to the name of the minor child as a customary name. This addition is limited to the first surname of each of the parents. The other parent exercising parental authority must be informed in good time in advance. In the event of disagreement, the other parent may refer the matter to the Family Affairs Judge, who will decide in accordance with the child’s best interests.
In all cases, if the child is over the age of thirteen, his/her personal consent is required.