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Can we change the surname of our minor child?
Verified 06 août 2020 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice
Additional cases ? Choosing a child’s surname / Surname, surname, usage name, marital name: what difference?
Yes, parents can change the family name of their minor child if the father has recognized the child after the declaration of birth. Parents must make a statement during the minority of the child before registrar of their choice. If the child is 13 years of age or older, he must give his consent. The new name applies to the couple's other children.
Children born after June 2006
You can change the family name of your minor child if the father recognized him after birth declaration..
Children born before July 2006
You can change the family name of your minor child:
- whether it was recognized by both parents on a delayed basis (separately)
- and if one of the parents has recognized the child after the declaration of birth.
For the 1st child
Parents have 2 possibilities:
- Replace the name given to the child with the name of the parent who recognized the child as second
For example, if the child has the name of his mother (Leroy), the parents may choose to give him the name of his father who recognized him as second (Faure). - Associate their 2 names, in the order of their choice, within the limit of a family name for each of them.
For example, if the father's name is Faure Girard and the mother's name is Leroy, the child may be named Faure Leroy, Girard Leroy, Leroy Faure or Leroy Girard.
FYI : the choice of a child's name can only be made once.
For the following children
The choice of name is limited to the name already given for the elder.
For example, if the eldest child's name is Faure Girard, the following children will bear that name if they have been recognized by both parents.
If the child under 13 years
Parents must make a statement during the minority of the child before registrar of their choice.
Both parents must be present.
However, if one of the 2 parents has a serious impediment and cannot be present, they may be represented. For example, if he is hospitalized or in detention.
The person representing the absent parent must have a power of attorney special and authentic..
This means that the power of attorney must specify the purpose of the mandate and be signed by a sworn official of the State. For example, a notary, a registrar, a judicial officer...
If you wish, you can use the following reporting template:
Name change declaration template for a minor child
Directorate of Legal and Administrative Information (Dila) - Prime Minister
If the child is 13 or older
Parents must make a statement during the minority of the child before registrar of their choice.
The child must give his or her consent in writing or orally.
Both parents must be present.
However, if one of the 2 parents has a serious impediment and cannot be present, they may be represented. For example, if he is hospitalized or in detention.
The person representing the absent parent must have a power of attorney special and authentic..
This means that the power of attorney must specify the purpose of the mandate and be signed by a sworn official of the State. For example, a notary, a registrar, a judicial officer...
If you wish, you can use the following templates for the declaration and consent of the child 13 years of age or older:
Name change declaration template for a minor child
Directorate of Legal and Administrative Information (Dila) - Prime Minister
Rename: consent of a minor over 13 years
Ministry of Justice
Name change declaration template for a minor child
Directorate of Legal and Administrative Information (Dila) - Prime Minister
The name change is mentioned in the margin of the birth certificate of the child.
The new name applies to the couple's next children.