Emotional reasons may exceptionally allow a change of surname

A child born in 1974 to an unknown father is raised until the age of seven by his maternal grandparents and bears the name of his mother. At the age of 12, he was given the name of the man she married and who recognized him. Placement of the minor with the child welfare service occurs following a conflict between the parents. The child is then entrusted to his grandparents until he reaches the age of majority. The legal father does not participate in his maintenance and education. He has no contact with him.

A child who has reached the age of majority asks the Minister of Justice to change his name and take back the name of his mother. The Guardsman of the Seals, Minister of Justice, rejects the application of the person concerned on the basis of the absence of a legitimate interest. The Paris Administrative Court also dismissed his application for annulment on the grounds of excess of power. The Administrative Court of Appeal of Paris confirms the decision of the Administrative Court. The Conseil d’État, however, found in his favor and annulled the ruling of the Cour administrative d’appel. In exceptional circumstances, the legitimate interest required to derogate from the principle ofimmutability of the surname established by law may be characterized by emotional grounds.