Change of name and surname

French law provides mechanisms enabling a child or parent to request a change of name or surname in certain well-defined situations.

These procedures, governed by the Civil Code and supplemented by recent reforms, aim to reconcile the stability of civil status with respect for personal or family aspirations.

This article reviews the cases in which a change of name or surname is possible, and the administrative and legal steps to be taken.

1.   Change of name: conditions and procedures

A.   Cases in which a change of name is permitted

In principle, family names are immutable.

However, there are exceptions allowing individuals to request a change of name in specific cases, notably :

• • •  To justify a legitimate interest: Under article 61 of the French Civil Code, any person may request a name change if he or she can justify a legitimate interest. This includes, for example, situations where the name is ridiculous or odious, or if there is a wish to avoid the extinction of a name borne by an ascendant or collateral relative up to the fourth degree. Other reasons include the desire to raise an illustrious name or to bear a pseudonym under which a reputation has been acquired.
    • Simplified procedure for bearing a relative’s name : Law no. 2022-301 of March 2, 2022 introduced a simplified procedure enabling any person of legal age to change his or her name once only, to adopt that of the parent who did not pass it on at birth. This change can be a substitution or an addition. There is no need to demonstrate a legitimate interest, and the change is made by a simple declaration to the civil registrar.
    • Special cases: francization and adoption: Persons acquiring French nationality may request that their name be francized, either by translation into French or by modification to lose its foreign appearance. Adopted children can also bear the name of their adoptive parents, in accordance with the rules governing simple or full adoption.

 B.   Steps to take

 1.     Change of name for legitimate interest

 The procedure for changing a name for legitimate reasons is mainly administrative.

Here are the key stages:

• • •  Submission of the request: The request is sent to the Minister of Justice and must be accompanied by supporting documents, such as a copy of the birth certificate, legal publications and documents proving the legitimate interest.
    • Decision by decree: If the request is accepted, a decree is published in the Journal Officiel. As of January 1, 2023, this publication is free of charge.
    • Effects of the decision: The name change extends to the beneficiary’s minor children, subject to their consent if over 13.

2.     Simplified procedure for changing a name in favor of a parent

 This procedure, introduced by the 2022 law, is faster and more accessible:

• • • Filing a declaration at the town hall: The adult person files a request with the registrar of his or her place of residence or birth. No legitimate interest is required.
    • Mandatory confirmation: Applicants must confirm their wish to change their name at least one month after submitting the request, to ensure a well-considered choice.

2. First name change: conditions and procedures

A.   Cases in which a first name can be changed

 First-name changes, while more common, are also subject to specific criteria.

According to article 60 of the French Civil Code, a change of name may be requested when a legitimate interest is demonstrated.

 Among the reasons often cited are :

• • • The ridiculous, insulting or difficult-to-wear nature of an existing first name.
    • The wish to Frenchify a foreign first name.
    • Prolonged and established use of a forename other than that appearing in the civil register.
    • A person’s change of sex, which may justify the adoption of a first name in line with his or her gender identity.

B.   Steps to follow

 1.     Application before the civil registrar

Since Law no. 2016-1547 of November 18, 2016, the procedure for changing a first name has been diverted from the courts.

The steps are as follows:

• • • Filing the request: The request is sent to the civil registrar of the place of residence or place of birth. It must be accompanied by supporting documents demonstrating the legitimate interest in the change (e.g. certificates, administrative documents).
    • The registrar’s decision: If the registrar considers the request to be well-founded, he or she authorizes the change and updates the civil status records concerned. If not, he or she refers the matter to the public prosecutor, who may oppose the request.

2.     Recourse in the event of refusal

In the event of rejection by the public prosecutor, the applicant may appeal to the family court to contest the decision. The judge will assess the legitimate interest at the time of the decision.

3. Recent developments and outlook

The reforms of recent years reflect a desire to simplify the process of changing a name and surname, while preserving public policy considerations and the rights of third parties.

The simplified procedure introduced in 2022 has already led to a significant increase in the number of name changes declared at the town hall.

However, this increased freedom raises questions about the carelessness with which certain choices may be made. To provide a framework for this procedure, compulsory reflection measures and systematic checks by civil registrars have been introduced.

Conclusion

Although governed by strict rules, changing a name or surname is now more accessible thanks to recent reforms.

These developments reflect a balance between individual freedom and the need for stability in civil status.

Whether for emotional, identity-related or practical reasons, those concerned now have access to simplified procedures tailored to their personal situation.