In France, the law allows any a person who justifies a legitimate interest in changing his or her last name, says surname.
Indeed, it is Article 61 of the The Civil Code, which grants this opportunity to a person of age who would like to change his name by another.
However, before embarking on a this approach, it is important to have all the keys in hand to have chances of success.
First of all, it should be noted that this request must be made to the Minister of Justice, guard of the Seals.
But it is also crucial to know the different legitimate interests recognized by the law and the case law that you could invoke in light of your own situation to make your request for change.
As a result, it is not possible to ask the Seal Guard to bear a name other than that of his birth just out of personal convenience.
What are the different interests legitimate lawful changes at present and what are the steps of this specific procedure?
This article aims to give you an overview of this procedure which has specificities in France.
A/ Legitimate interests existing to change their surname:
- The constant and prolonged use of another name over time
This may be the case if in life you wear and are known by a different name than the one you were given assigned to the birth, so you would like to substitute this use name for your last name.
It should be noted that it is also request the addition of this use name to his birth name and not its outright substitution.
To invoke this legitimate interest, it is essential that the usual name has been carried for several years and that continuously (uninterrupted).
It will therefore be necessary to prove to the Minister of Justice this port of the usual name by sending it all objective evidence clear and clear.
For example, you can tell him communicate the following documents: pay slips, subscription contracts, vital card, diploma, letters, etc… of course, these elements will have to be in the desired name and in large quantities.
It is also possible to ask your private and/or professional entourage to make handwritten certificates on honour indicating, in a detailed manner, that they know you well under the only name of use in question.
2. The ridiculousness or difficulty of pronunciation of the surname
This legitimate interest is more obvious to the Minister of Justice when a person calls himself to be a example title "asshole," "scumbag," "whore" …
Or when your name is made up of several consonants as a result of the "cnm" type and that it is therefore very difficult for third parties to pronounce it.
In other cases, ridicule or the difficulty of pronunciation or wearing a surname is less obvious, and it will then be necessary to provide more concrete evidence of your legitimate interest.
For the Minister of Justice, this legitimate interest is generally readily accepted as soon as it is considers that the person is suffering or has suffered harm by bearing his or her name surnamemic.
Note that a francisation of your name is also possible if it has a foreign consonance and it harms you.
3. Raising a name from an ancestor
According to Article 61 of the Civil Code, "The request for a name change may be intended to prevent the name from being extinguished carried by an ascendant or collateral of the applicant up to the fourth degree. »
This legitimate motive requires real work on the part of a Genealogist.
Indeed, it will be a matter of demonstrating to the Guard of Seals that the name you want to wear will go out or has already died out.
It will therefore be necessary to collect all the birth certificates, marriage and death of ascendants or collaterals to surrender that the name invoked has been extinguished or will inevitably die out.
It should be noted that the name you would like to raise must have been carried by one of your ascendants or collateral to the point of fourth degree.
Thus, in direct line, you will be able to take the name of its great-great grandparents to the maximum; and online collateral the name of your great-uncles/aunts, first cousins…
4. The emotional motive or exceptional circumstances to change the name
This legitimate interest has been enshrined in more recent ways council of State jurisprudence dated 31 January. 2014 where it was judged:
"Considering that motives emotionally, in exceptional circumstances, may characterize the legitimate interest required by Article 61 of the Civil Code to deviate from the principles of devolution and fixedness of the name established by the law;
Considering that it is apparent from the parts of the (…) were abruptly abandoned by their father in 1987, while that they were 11 years of age and 8 years old respectively; That after having left the family home, he had no further contact with them, same as his family; That he did not support their education or their interview, even though he had an obligation under the judgment denouncing his divorce, and never exercised access and Accommodation recognized by the same judgment; that the applicants have suffered physical and psychological trauma since this abandonment; they wish to no longer bear their father's name and to see each other attribute that of their mother, who raised them; exceptional circumstances are likely to characterize the legitimate interest required to change Name; that, as a result, by denying them such an interest, the keeper of the seals, Minister of Justice and Freedoms, has misrepresented the Article 61 of the Civil Code. »
It is therefore apparent from this decision that the person who wishes to change his birth name can invoke circumstances such as the sudden abandonment of one of his parents.
However, this case law has hardened over time and it is now important to demonstrate Seal Guard not only the seriousness of the alleged circumstances (of the violence, for example), but also the harm you have suffered.
The fact that the particular circumstance of not hearing from one of his parents for a long time will not be sufficient to grant the request for a name change.
B/ The procedure to apply for a name change:
The the first step is to get advice from a lawyer who specializes in this Field.
The lawyer you can tell you if you have a legitimate interest in changing your name, tell you what your application is likely to succeed and guide you and assist you in your efforts.
As soon when you have to gather the necessary documents, the first condition to have your application admissible is to have your application published name change within the Official Journal and an ad newspaper legal reasons for the place of your residence.
Then two months after this publication, if no one has objected to your request, you can send it to the Minister of Justice with all the information Parts.
in the assumption that the Minister would grant your request, the name change will be published by decree and you can then ask the civil registry to carry out change on your civil registration certificates (birth certificate, marriage certificate).
Has note on this point that in case you have minor children underage 13-year-old, this name change would be automatic for them as well.
Them young children over the age of 13 will have to indicate whether they object to have their names changed.
in if your request for a name change is rejected, you will have the ability to appeal (graceful or litigation or both), and this, within a certain period of time.
i are available to you if you would like to have information depending on your case, you guide and assist in your case. your steps.