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Section 3: Rules governing the devolution of surnames and customary names

Article 311-21 of the French Civil Code

When a child’s filiation is established with regard to both parents no later than the day of the child’s birth declaration or subsequently but simultaneously, the parents choose the surname to which the child will be entitled: either the father’s surname, or the mother’s surname, or their two surnames together in the order chosen by them, subject to a limit of one surname for each. In the absence of a…

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Article 311-23 of the French Civil Code

When filiation is established in respect of only one parent, the child takes that parent’s name. When the second parent-child relationship is established and then during the child’s minority, the parents may, by joint declaration before the civil registrar, choose either to substitute the surname of the parent in respect of whom the parent-child relationship was established in the second place, or to combine their two surnames, in the order…

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Article 311-24-1 of the French Civil Code

In the event of the birth abroad of a child at least one of whose parents is French, the transcription of the child’s birth record must retain the child’s name as it appears on the foreign birth record. However, at the time of the application for transcription, the parents may opt for the application of French law to determine the name of their child, under the conditions set out in…

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Article 311-24-2 of the French Civil Code

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…

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