Key Benefits:
The National Assembly and the Senate adopted,
The President of the Republic enacts the following legislation:
The 1st of Article 1 of Law No. 2002-304 of 4 March 2002 concerning the name of the family is thus written:
« 1° In the first sentence of the first paragraph, the words: "and the names given to it shall be replaced by the words: ", the first names given to it, the surname, followed if any of the mention of the joint statement of the parents as to the choice made, as well as; "
Section 4 of Act No. 2002-304 of 4 March 2002 above is amended as follows:
1° The last sentence of the fourth subparagraph is as follows:
"In the absence of a joint statement to the civil status officer mentioning the choice of the child's name, the child shall take the name of the child's parent's name in respect of which his or her parent's filiation is first established and the name of his or her father if his or her filiation is established simultaneously with respect to both. » ;
2° After the fourth preambular paragraph, a sub-item reads as follows:
"In the event of the birth abroad of a child whose parents are at least French, the parents who have not used the faculty of choice of name under the conditions of the previous paragraph may make such a declaration at the time of the application for a transcript of the act, no later than three years of the birth of the child. »
The last three paragraphs of section 2 of Act No. 2002-304 of 4 March 2002 referred to above are replaced by a paragraph as follows:
"Art. 311-22. - The provisions of Article 311-21 shall apply to a child who becomes French in accordance with the provisions of Article 22-1, in the conditions fixed by a decree made in the Council of State. »
After section 2 of Act No. 2002-304 of 4 March 2002, referred to above, an article 2-1 is inserted as follows:
"Art. 2-1. - After article 311-22 of the Civil Code, an article 311-23 is inserted as follows:
"Art. 311-23. - The faculty of choice open under sections 311-21 and 334-2 may only be exercised once. »
I. - Section 5 of Act No. 2002-304 of 4 March 2002 referred to above is repealed.
II. - Article 7 of the same law is read as follows:
“Art. 7. - The second paragraph of Article 332-1 of the Civil Code is amended as follows:
« 1° At the beginning of that paragraph, a sentence should read:
"By joint declaration made during the celebration of the marriage or recognized by the judge, the parents are entitled to the option open to section 311-21, when the filiation was established under the conditions of section 334-1 and they did not use the faculty open to section 334-2.
« 2° The word: "patronyme is replaced by the words: "family name. »
In section 9 of Act No. 2002-304 of 4 March 2002, referred to above, the words "the rules set out in section 311-21" are replaced by the words "the provisions of sections 311-21 and 311-23".
The second paragraph of Article 12 of Act No. 2002-304 of 4 March 2002 referred to above is as follows:
"When the name of the natural child has not been transmitted under the conditions set out in section 311-21, the parents may, by joint declaration before the civil status officer, choose during the minority, either to replace the parent's surname with respect to which filiation has been established in the second place, or to acquire their two names, in the order chosen by them, within the limit of a name. Mention of name change will appear on the margin of the birth certificate. »
After Article 12 of Act No. 2002-304 of 4 March 2002 referred to above, an article 12-1 is inserted as follows:
"Art. 12-1. - The beginning of the first sentence of the first paragraph of article 334-3 of the Civil Code is as follows:
"When the declaration provided for in section 334-2 could not be made, the change of name... (the rest without change). »
Article 13 of Act No. 2002-304 of 4 March 2002 referred to above is as follows:
“Art. 13. - Section 334-5 of the Civil Code is repealed. »
Article 18 of Act No. 2002-304 of 4 March 2002 referred to above is as follows:
“Art. 18. - The first paragraph of Article 363 of the Civil Code is replaced by three paragraphs as follows:
"The simple adoption confers the name of the opponent to the opponent by adding it to the name of the opponent.
"When the opponent and the opponent, or one of them, bear a double surname, the name conferred on the opponent results from the addition of the name of the opponent to his own name, within the limit of a name for each of them. The choice belongs to the opponent, who must obtain the consent of the opponent over thirteen years old. In the event of disagreement or lack of choice, the name conferred on the opponent results from the addition of the first name of the opponent in the first name of the opponent.
"In the event of adoption by two spouses, the name added to the name of the opponent is, at the request of the adopters, either that of the husband or that of the wife, within the limit of a name for each of them and, if not agreed, the first name of the husband. If the opponent has a dual surname, the choice of the surviving name belongs to the adopters, who must obtain the consent of the opponent over thirteen years of age. In case of disagreement or lack of choice, the name of the adopted adopters is added to the first name of the opponent. »
The first paragraph of section 23 of Act No. 2002-304 of 4 March 2002 referred to above is replaced by two paragraphs:
"This Act is not applicable to children born before the date of its entry into force. However, within the period of eighteen months following that date, parents exercising parental authority may apply by joint declaration to the civil status officer, for the benefit of the eldest of the common children when the latter is less than thirteen years of age on 1 September 2003 or on the date of the declaration, the addition in second position of the name of the parent who did not transmit to the parent, within the limit of a single surname. The name thus assigned is devoured to all common children, born and born.
"If this faculty is exercised by the parents of a child over thirteen years of age, the consent of the child is necessary. »
In section 24 of Act No. 2002-304 of 4 March 2002, the reference: "334-5," is deleted.
The first paragraph of section 25 of Act No. 2002-304 of 4 March 2002 referred to above is as follows:
"The coming into force of this Act is January 1, 2005. »
This law will be enforced as a law of the State.
Done in Paris, 18 June 2003.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Jean-Pierre Raffarin
The Seal Guard, Minister of Justice,
Dominica Perben
Minister of Health, Family
and persons with disabilities,
Jean-François Mattei
Minister Delegate to the Family,
Christian Jacob
(1) Preparatory work: Act No. 2003-516.
Senate:
Proposal No. 205 (2002-2003);
Report of Mr. Henri de Richemont, on behalf of the Law Commission, No. 231 (2002-2003);
Discussion and adoption on 10 April 2003.
National Assembly:
Proposal adopted by the Senate, No. 808;
Report of Mr. Sébastien Huyghe, on behalf of the Law Commission, No. 824;
Discussion and adoption on 7 May 2003.
Senate:
Proposal for a bill, amended by the National Assembly on first reading, No. 285 (2002-2003);
Report of Mr. Henri de Richemont, on behalf of the Law Commission, No. 316 (2002-2003);
Discussion and adoption on 4 June 2003.
