Implementing legislation Decree No. 2004 - 1159 of 29 October 2004 on the application of Act No. 2002-304 of 4 March 2002 modified on behalf of family and amending various provisions relating to civil status summary Amendment Act No. 2002-304 of 4/03/02 RELATIVE on behalf of FAMILLEMODIFICATION CODE CIVILCette law, consisting of thirteen articles, complements Act No. 2002-304 of 4 March 2002 on behalf of family. It does not call into question the principles of this law, came to upset the pre-eminence given name of the father. Since this law parents enjoy a triple option: choice of the name of the child by declaration by both parents, between the father's name, mother's name or the names of the parents of multiples in the order chosen by them. Absence of choice is the name of the father who will be given to the child. However the new law specifies that it will be transmitted to the child the name of the parent with respect to which the filiation has been established in the absence of a joint declaration. This measure is applicable to the French from abroad (article 2). Article 3 removes the possibility open for a person to add the name of the parent who has not been transmitted. Moreover, in order not to an infringement too important to the principle of the immutability of the family name, article 4 provides that the Faculty of choosing the name of the child article 311-21, 334-2 and 335-4 of the civil code may be exercised only once. She has also just harmonize references concerning the legitimation, that it will be by marriage or by judicial authority. This Act postponed the entry into force of the aforementioned law to January 1st, 2005 (article 13).
Key words JUSTICE, family name, first name, statement, PARENT, Act of birth, reference, officer of State CIVIL, choice, child, FILIATION, birth, foreign, TRANSCRIPTION, addition, NAT IONALITE, LEGITIMATION, marriage, recognition, DEVOLUTION, minority, CIVIL CODE, SUBSTITUTION, change of name, ADOPTION, consent, DISAGREEMENT, delay, parental authority, elder, entry into force, proposal of law files statutory legislative record of Act No. 2003-516 of 18 June 2003 JORF n ° 140, June 19, 2003 page 10240 text no. 1 Act No. 2003-516, 18 June 2003 relating to the devolution of the surname (1) NOR: JUSX0306571L ELI: https://www.legifrance.gouv.fr/eli/loi/2003/6/18/JUSX0306571L/jo/texte Alias: https://www.legifrance.gouv.fr/eli/loi/2003/6/18/2003-516/jo/texte the National Assembly and the Senate have adopted, the President of the Republic enacts the law whose content follows: Article 1 the 1 ° of article 1 of Act No. 2002-304 of 4 March 2002 on behalf of family reads : "1 ° in the first sentence of the first subparagraph, the words:" and names it will be given, are replaced by the words: ", names that will be given to him, the family name, followed where appropriate the reference to the declaration joint parents about the choice, as well as;
Article 2 more on this article...
Article 4 of Act No. 2002-304 of 4 March 2002 supra is amended as follows: 1 ° the last sentence of the fourth paragraph reads as follows: "In the absence of declaration joint officer vital mentioning the choice of the name of the child, it takes the name of the parent whom filiation is established in the first place and the name of his father if his filiation is established simultaneously with respect to one and the other.";
2 ° after the fourth paragraph, inserted a paragraph worded as follows: 'In the event of birth abroad of a child whose one of the parents is french, parents who have not exercised the option of choosing the name under the conditions of the preceding paragraph may make such a declaration at the request of transcribed, at the latest within three years of the birth of the child.'
Article 3 the last three paragraphs of article 2 of Act No. 2002-304 of 4 March 2002 are replaced by a paragraph worded as follows: «art.» 311-22.-the provisions of article 311-21 are applicable to the child who becomes french in accordance with the provisions of article 22-1, under the conditions laid down by Decree in Council of State. «Article 4 after article 2 of Act No. 2002-304 of 4 March 2002, inserted an article 2-1 worded as follows: «art.» 2-1.-it is inserted after article 311-22 of the civil code, a section 311-23 worded as follows: «art.» 311-23.-the Faculty of choice open under sections 311-21 and 334-2 may be exercised only once. ' Article 5 more on this article...
I. - Article 5 of Act No. 2002-304 of 4 March 2002 is hereby repealed.
II. Article 7 of the same Act reads as follows: «art.» 7 - the second paragraph of article 332-1 of the civil code is amended as follows: ' 1 ° at the beginning of this paragraph, inserted a sentence as follows: "Joint Declaration produced during the celebration of the marriage or found by the judge, parents benefit from the option open to article 311-21 when the filiation has been established under the conditions of article 334-1 and that they have not exercised the option open to article 334-2."
«2 ° the word: "family name is replaced by the words:"family name. ".
Article 6 in article 9 of Act No. 2002-304 of 4 March 2002, supra, the words: "the rules laid down in article 311-21" are replaced by the words: "provisions of sections 311-21 and 311-23.
Article 7 read more on this article...
The second paragraph of article 12 of Act No. 2002-304 of 4 March 2002 above reads as follows: "when the name of an illegitimate child was not transmitted under the conditions laid down in article 311-21, parents may, by declaration joint before the civil status officer, choose during his minority or to replace the family name of the parent whom filiation has been established in second place , is to add their two names, in the order chosen by them, within the limits of a surname for each of them. Mention of the name change will be on the sidelines of the birth certificate. «Article 8 after article 12 of Act No. 2002-304 of 4 March 2002, inserted an article 12-1 worded as follows: «art.» 12-1.-the beginning of the first sentence of the first subparagraph of article 334-3 of the civil code reads as follows: «when the declaration provided for in article 334-2 could not be made, the name change...» (rest unchanged). «Article 9 article 13 of Act No. 2002-304 of 4 March 2002 is as follows: «art.» 13 - 334-5 of the civil code section is repealed. ' Article 10 more on this article...
Article 18 of Act No. 2002-304 of 4 March 2002 is as follows: «art.» 18 - the first paragraph of article 363 of the civil code is replaced by three paragraphs thus worded: "simple adoption confers the name of the adoptive parent the adoptee, adding on his behalf.
"When the adopted child and the adoptive parent, or one of them, bear a double surname, the name given to the adopted child results from the addition of the name of the adoptive parent under its own name, within the limits of a name for each of them. The choice belongs to the adoptive parents, which must receive the consent of the adopted child aged over thirteen years. In case of disagreement or absence of choice, the name given to the adopted is the result of the addition of the first name of the adopter to the first name of the adopted child.
"In the event of adoption by both spouses, the added name on behalf of the adopted is, at the request of the adoptive parents, either the husband or the wife, in the limit of a name for each of them and, in the absence of agreement between them, the husband's first name. '' If the adoptee is a double surname, the choice of the preserved name belongs to the adoptive parents, who must obtain the consent of the adopted child aged over thirteen years. In case of disagreement or absence of choice, the name of the adoptive parents selected is added to the first name of the adopted child. ' Article 11 more on this article...
The first paragraph of article 23 of Act No. 2002-304 of 4 March 2002 is replaced by two paragraphs thus written: "this Act is not applicable to children born before the date of its entry into force. However, within the period of eighteen months from that date, parents exercising parental authority may request by joint declaration to the officer of the civil State, for the benefit of the eldest of the children when it is less than thirteen years to September 1, 2003 or the date of the declaration, adding in second position of the name of the parent who has not passed him his , within the limits of a single family name. Thus the name is vested in all the common children, born and unborn.
"Where this option is exercised by the parents of a child over the age of thirteen, the consent of the latter is necessary."
Article 12 read more on this article...
In article 24 of Act No. 2002-304 of 4 March 2002, supra, the reference: "334-5," is deleted.
Article 13 read more on this article...
The first paragraph of article 25 of Act No. 2002-304 of 4 March 2002 is as follows: "the entry into force of this Act shall be January 1, 2005."
This Act will be enforced as law of the State.
Done at Paris, on 18 June 2003.
Jacques Chirac by the President of the Republic: Prime Minister Jean-Pierre Raffarin the garde des sceaux, Minister of justice, Dominique Perben the Minister of health, family and disabled persons, Jean-François Mattei Minister delegate to the family, Christian Jacob (1) preparatory work: Act No. 2003-516.
Senate: Proposal of law No. 205 (2002-2003);
Report of Mr. Henri de Richemont, on behalf of the commission of laws, no. 231 (2002-2003);
Discussion and adoption on April 10, 2003.
National Assembly: draft law, adopted by the Senate, no. 808;
Report of Mr. Sébastien Huyghe, on behalf of the commission of laws, no. 824;
Discussion and adoption on 7 May 2003.
Senate: Proposal of Act as amended by the National Assembly in first reading, no. 285 (2002-2003);
Report of Mr. Henri de Richemont, on behalf of the commission of laws, no. 316 (2002-2003);
Discussion and adoption on June 4, 2003.