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8 MAI 2014. - An Act to amend the Civil Code with a view to establishing equality of men and women in the mode of transmission of the name to the child and to the optimization

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendments to the Civil Code
Art. 2. Section 335 of the Civil Code, replaced by the Act of 31 March 1987 and amended by the Act of 1^er July 2006, is replaced by the following:
Article 335. § 1^er. The child whose fatherly filiation and motherly filiation are established simultaneously bears either the name of his father, or the name of his mother, or their two names in the order chosen by them within the limit of a name for each of them.
Fathers and mothers choose the name of the child at birth. The Civil Registry Officer takes note of this choice. In the event of disagreement or in the event of a lack of choice, the child bears the name of his father.
§ 2. The child whose only maternal filiation is established bears the name of his mother.
The child whose only parental filiation is established bears the name of his father.
§ 3. If paternal filiation is established after maternal filiation, no change is made in the child's name. The same is true if maternal filiation is established after paternal filiation.
However, the father and mother together, or one of them if the other is deceased, may declare, in an act established by the civil officer, that the child shall bear either the name of the person in respect of which the filiation is established in the second place, or their two names in the order chosen by them within the limit of a name for each of them.
This statement is made within one year of the date of recognition or the day on which a decision establishing paternal or maternal filiation is cast in force of tried and before the majority or emancipation of the child. The one-year period shall take place on the day following the notification or meaning referred to in Article 319bis, paragraph 2.
In the event of a change in parental or maternal filiation during the child's minority following a disputed action on the basis of articles 318 and 330, the judge shall act the new name of the child, chosen, if any, by the father and mother according to the rules set out in § 1^er.
Mention of the declaration referred to in paragraph 2 or the device of the judgment referred to in paragraph 4 is made on the margins of the birth certificate and other acts concerning the child.
§ 4. If a child's filiation is changed while the child has reached the age of majority, no change is made to his or her name without his or her consent."
Art. 3. In book I^er, Part VII, Chapter V, of the same Code, an article 335bis is inserted as follows:
"Art. 335bis. The name determined in accordance with Article 335 §§ 1^er and 3, is imposed on other children whose filiation is subsequently established with respect to the same father and mother.".
Art. 4. Section 353-1 of the same Code, inserted by the Act of 24 April 2003 and amended by the Act of 18 May 2006, is replaced by the following:
"Art. 353-1. The adoption gives the opponent, replacing him with his, the name of the opponent.
In the event of simultaneous adoption by two spouses or co-inhabitants, the opponent shall bear either the name of one of the adopters or their two names in the order chosen by them within the limit of a name for each of them.
However, the parties may apply to the court that the opponent retains one of its names preceded or followed by the name of the adopter or, in the event of simultaneous adoption by two spouses or co-inhabitants, the name of one of the adopters they choose in accordance with paragraph 2. The composition of the name of the opponent is limited to a name for the opponent and a name for the adopter(s).
The judgment refers to the declaration by which adopters express their choice. ".
Art. 5. Section 353-2 of the same Code, inserted by the Act of 24 April 2003 and amended by the Act of 18 May 2006, is replaced by the following:
"Art. 353-2. § 1^er. In the event of the adoption of the child or the adoptive child of a spouse or cohabitant, the opponent carries, either the name of the spouse or cohabitant, or the name of the opponent, or their two names in the order chosen by them within the limit of a name for each of them.
When, during the previous adoption, the name of the opponent replaced that of the opponent, the parties may apply to the court that the opponent retains his name. The parties may also apply to the court that the new name of the opponent is now composed of the name it holds from the previous adoption, preceded or followed by that of the new adopter.
When, at the time of the previous adoption, the name of the opponent was composed in accordance with Article 353-1, paragraph 3, of the name of the opponent and the name of the opponent, the parties may apply to the court that the opponent retains his name. The parties may also request from the court that the new name of the opponent be composed of the name of the opponent and the name of the opponent in the order chosen by them within the limit of a name for each of them.
The judgment refers to the declaration by which adopters express their choice.
§ 2. In the event of a new adoption referred to in section 347-1, the transmission of the name is governed by section 353-1. ".
Art. 6. In article 353-3 of the same Code, inserted by the law of 24 April 2003 and replaced by the law of 18 May 2006, the words "or, if the opponent has retained his name at an earlier adoption, may he precede or follow that of the new adopter or enacting man or the name chosen by the adopters in accordance with article 353-1, § 2, paragraph 1^er"are repealed.
Art. 7. Section 353-4 of the same Code, inserted by the Act of 24 April 2003, is repealed.
Art. 8. In article 353-4bis of the same Code, inserted by the law of 18 May 2006, the words "articles 353-1, § 2, and 353-2, § 2" are replaced by the words "articles 353-1, paragraphs 2 and 3, and 353-2, § 1^erParagraphs 1^er at 3, and § 2".
Art. 9. In article 353-5 of the same Code, inserted by the law of 24 April 2003 and amended by the law of 18 May 2006 and by the law of 30 July 2013, the words "articles 353-1, § 1^erparagraph 2, 353-1, paragraph 2, 353-2, § 1^erparagraphs 2 and 3, 353-2, § 2, paragraph 2, and 353-3 are replaced by the words "articles 353-1, paragraph 3, 353-2, § 1^erparagraphs 2 and 3, and 353-3".
Art. 10. Section 356-2 of the same Code, inserted by the Act of 24 April 2003 and amended by the Act of 18 May 2006, is replaced by the following:
"Art. 356-2. The adoption of the plenary confers on the child, substituting the child, the name of the opponent.
In the event of simultaneous adoption by two spouses or co-inhabitants, they declare before the court that the opponent shall bear either the name of one of the adopters or their two names in the order chosen by them within the limit of a name for each of them.
In the event of the adoption of the child or the adoptive child of a spouse or cohabitant, they declare before the court that the opponent shall bear either the name of the spouse or cohabitant, or the name of the opponent, or their two names in the order chosen by them within the limit of a name for each of them.
The judgment refers to the declaration by which the adopters express their choice referred to in paragraphs 2 and 3.
The name chosen by the adopters in accordance with paragraphs 2 and 3 shall apply to children subsequently adopted by them. ".
CHAPTER 3. - Transitional and final provisions
Section 1^re. - Transitional provisions
Art. 11. This Act applies to children born or adopted after their entry into force.
However, where there is already at least one child whose filiation is established with respect to the same father and mother on the day of the coming into force of this Act, sections 335, 353-1 to 353-3 and 356-2 former of the Civil Code remain, as the case may be, applicable to the determination of the name of the adoptive child or child born or adopted after its entry into force and whose filiation is established with respect to the mother.
Art. 12. By derogation from section 11, fathers and mothers or adopters may, by joint declaration to the civil status officer, apply for the benefit of their common minor children and provided that they do not have any common major children on the day this Act comes into force, to assign another name chosen in accordance with the provisions of this Act. The name is assigned to all common minor children.
The joint declaration shall be made within twelve months of the coming into force of this Act or, in the event of the birth or adoption of a child after the coming into force of this Act, within three months after the day of the birth or adoption, if the child was born in Belgium, or the registration of the adoption by the federal central authority referred to in section 360-1 of the Civil Code, if the child has been adopted
This statement is made to the civil status officer of the municipality in which the child is registered in the registers of the population. The name given on the margins of the birth certificate of the child concerned is mentioned.
Section 2. - Entry into force
Art. 13. This Act comes into force on a date fixed by the King, and no later than the first day of the twelfth month following that of its publication to the Belgian Monitor.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 8 May 2014.
PHILIPPE
By the King:
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
The House of Representatives:
(www.lachambre.be)
Documents. 53-3145/ (2013/2014).
Full report: 19 March 2014.
Senate:
(www.senate.be)
Documents. 5-2785/ (2013-2014).
Annales du Senate: April 24, 2014.