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 chosen by them, up to a maximum of one surname for each. The change of name is recorded in the margin of the birth certificate. In the event of serious impediment, the parent may be represented by a special and authenticated proxy.
However, where article 311-21, the second paragraph of this article, article 342-12 or article 357 has already been applied in respect of another joint child, the declaration of change of name may have no effect other than to give the name previously devolved or chosen.
If the child is over thirteen years of age, his or her personal consent is required.