An Act To Amend The Civil Code To Establish The Equality Of Man And Woman In The Mode Of Transmission Of The Name To The Child And The Adopted Child

Original Language Title: Loi modifiant le Code civil en vue d'instaurer l'égalité de l'homme et de la femme dans le mode de transmission du nom à l'enfant et à l'adopté

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014009293&caller=list&article_lang=F&row_id=700&numero=736&pub_date=2014-05-26&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-05-26 Numac: 2014009293 SERVICE PUBLIC FÉDÉRAL JUSTICE may 8, 2014. -Act to amend the civil Code to establish the equality of man and woman in the mode of transmission of the name to the child and adopted PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Changes of the Code civil art.
2. article 335 of the civil Code, replaced by the Act of March 31, 1987 and amended by the law of July 1, 2006, is replaced by the following: 'Article 335. § 1. The child whose paternal filiation and maternal filiation are established simultaneously is either the name of his father, or his mother's name, their two names together in the order chosen by them within the limits of a name for each of them.
Mother and father choose the child's name at birth. The civil status officer takes note of this choice. In case of disagreement or in the absence 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 paternal filiation is established, bears the name of his father.
§ 3. If paternal filiation is established after the maternal filiation, no change is made on behalf of the child. The same applies if the maternal filiation is established after the paternal filiation.
However, the father and mother, or one of them if the other died may declare, in a deed drawn up by the Registrar of the civil State, the child will bear the name of the person for which filiation is established second either their two names together in the order chosen by them within the limits of a name for each of them.
This statement is made within a period of one year from the date of recognition or the day where a decision establishing paternal filiation or maternal is pouring res judicata and before the majority or emancipation of the child. The period of one year shall commence the day following the notification or service referred to in article 319bis, paragraph 2.
In case of change of filiation paternal or maternal during the minority of the child sequence of action in dispute on the basis of articles 318 and 330, per Act the child's new name, chosen, where appropriate, by the father and mother according to the rules set out in the § 1.
Mention of the declaration referred to in paragraph 2 or the operative part of the judgment referred to in paragraph 4 is made on the sidelines of the Act of birth and other acts concerning the child.
§ 4. If the parentage of a child is changed while he has reached the age of majority, no change is made to his name without his consent. "."
S. 3. in book I, title VII, chapter V, of the same Code, it is inserted an article 335bis as follows: "article 335bis the name determined in accordance with article 335, §§ 1 and 3, applies to other children whose filiation is established with respect to the same father and mother later. "."
S.
4. article 353-1 of the same Code, inserted by the Act of 24 April 2003 and amended by the Act of May 18, 2006, is replaced by the following: 'article 353-1. adoption confers on the adoptee, substituting it, the name of the adoptive parent.
In the event of simultaneous adoption by two spouses or cohabitants, the bears adopted the name of one of the adoptive parents, either their two names together in the order chosen by them within the limits of a name for each of them.
The parties may however seek from the tribunal that the adoptee retains one of its names preceded or followed by the name of the adoptive parent or, if adopted simultaneously by two spouses or cohabitants, the name of one of the adoptive parents they choose in accordance with paragraph 2.
The composition of the name of the adopted child is limited to a name for the adopted child and a name for the adopter (s).
The judgment refers to the declaration by which the adoptive parents express their choice. "."
S. 5. article 353-2 of the same Code, inserted by the Act of 24 April 2003 and amended by the Act of May 18, 2006, is replaced by the following: 'article 353-2. § 1. In case of adoption of the child or an adopted child of a spouse or cohabitant, the bears adopted, either the name of the spouse or cohabitant, either the name of the adoptive parent, or their two names together in the order chosen by them within the limits of a name for each of them.
When, during the previous adoption, the name of the adoptive parent has replaced that of the adopted child, the parties may seek from the tribunal that the adopted child retains his name. The parties may also solicit the Court that the new name of the adoptee is now composed of the name he keeps this previous adoption, preceded or followed by those of the new adoption.
When, during the previous adoption, the adopted name was composed in accordance with article 353-1, paragraph 3, of the name of the adopter and the adopted name, the parties may seek from the tribunal that the adopted child retains his name. The parties may also seek from the tribunal that the new name of the adoptee is composed of the name of the adopted child and the name of the adopter multiples in the order chosen by them within the limits of a name for each of them.
The judgment said the declaration by which the adoptive parents express their choice.
§ 2. New adoption referred to in article 347-1, the transmission of the name is governed by article 353 paragraph 1. "."
S. 6. in article 353-3 of the Code inserted by the Act of 24 April 2003 and replaced by the Act of May 18, 2006, the words "or, if the adopted person has kept its name during an earlier adoption, as it can do precede or follow the new adopter or adoptive parent man or the name chosen by the adoptive parents in accordance with article 353-1" ", § 2, paragraph 1" are hereby repealed.
S. 7. article 353-4 of the same Code, inserted by the law of April 24, 2003, is repealed.
S. 8. in article 353-4bis of the same Code inserted by the Act of May 18, 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, paragraphs 1 to 3, and § 2".
S. 9. in article 353-5 of the Code inserted by the Act of 24 April 2003 and amended by the Act of May 18, 2006 and by the Act of July 30, 2013, the words "articles 353-1, § 1, paragraph 2, 353-1, § 2, paragraph 2, 353-2, § 1, paragraphs 2 and 3, 353-2, § 2, paragraph 2, and 353-3" are replaced by the words "articles 353-1" , paragraph 3, 353-2, § 1, paragraphs 2 and 3, and 353-3 ".
S. 10. article 356-2 of the same Code, inserted by the Act of 24 April 2003 and amended by the Act of May 18, 2006, is replaced by the following: 'article 356-2. full adoption confers on the child, substituting it, the name of the adoptive parent.
In the event of simultaneous plenary adoption by two spouses or cohabitants, they say in court that the adopted child will be either the name of one of the adoptive parents or their two names together in the order chosen by them within the limits of a name for each of them.
In the case of full adoption of the child or an adopted child of a spouse or cohabitant, they say in court that the adopted child will be either the name of the spouse or cohabitant, or the name of the adoptive parent, or their two names together in the order chosen by them within the limits of a name for each of them.
The judgment said the declaration by which the adoptive parents express their choice referred to in paragraphs 2 and 3.
The name chosen by the adoptive parents in accordance with paragraphs 2 and 3 is mandatory for children adopted subsequently by them. "."
CHAPTER 3. -Transitional and final provisions Section 1. -Provisions transitional art. 11. this Act applies to children born or adopted after its entry into force.
However, where there is already at least one child whose filiation is established with respect to the same father and mother the day of the entry into force of this Act, sections 335, 353-1-353-3 and 356-2 veterans of the civil Code remain, as appropriate, applicable to the determination of the name of the child or the adoptive child born or adopted after its entry into force and whose filiation is established with respect to the same father and mother.
S. 12. by way of derogation from article 11, the father and mother or the adoptive parents may, by joint declaration to the officer of the civil State, ask for the benefit of their common minor children and subject that they have no common major children the day of the entry into force of this Act, give them another name chosen in accordance with the provisions of this Act. The chosen name is attributed to the set of common minor children.
The joint declaration is made within 12 months of the entry into force of this Act or, in the case of birth or adoption of a child after the entry into force of this Act, within three months following the date of childbirth or adoption, if it took place in Belgium, or of the registration of the adoption by the Federal central authority referred to in article 360-1 of the civil Code If it was made abroad.
This statement is made to an officer of the civil registry of the commune in which the child is enrolled in the population registers. There is mention of the name given in the margin of the birth certificate of the child concerned.
Section 2. -Entry into force art. 13. this Act comes into force on a date set by the King, and no later than the first day of the twelfth month following that of its publication in the Moniteur belge.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels on May 8, 2014.
PHILIPPE by the King: the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State:

The Minister of Justice, Ms. a.
TURTELBOOM _ Note the House of representatives: (www.lachambre.be) Documents.
53-3145 / (2013/2014).
Full report: March 19, 2014.
Senate: (www.senate.be) Documents.
5-2785 / (2013-2014).
Annals of the Senate: April 24, 2014.