Can I choose my child's surname?
Yes, among framed options. At birth, parents can, by joint declaration, choose their child's surname: the father's name, the mother's name, or both joined in the order they wish (with, for a double name, one name only from each parent). Without a joint declaration (or if disagreement is reported), the child takes both names joined in alphabetical order. The choice made for the first child applies to the later shared children. The law of 2 March 2022 also eased use of the other parent's name (use name).
📋 The rules
- Choice by joint declaration: father, mother, or both
- Double name: one name only from each parent, chosen order
- Without agreement: both names in alphabetical order
- The choice applies to later shared children
- Use name eased (law of 2 March 2022)
🔓 Exceptions
- Filiation established successively: special name rules
- Changing the child's name: possible under conditions (agreement, judge)
- Adoption: its own effects on the adoptee's name
⚠️ Penalties & fines
Choosing the name carries no 'penalty'. Without a joint declaration, the default rule (alphabetical double name, or the name of the parent towards whom filiation is established first) applies. Any later change of name requires a procedure (name-change declaration at the town hall to take the other parent's name, or a court decision). Better to think carefully at the birth declaration.
📎 Official sources
- Service-Public.fr · Choosing the child's surname →
- Légifrance · Civil Code (child's name, art. 311-21) →
- Service-Public.fr · Changing a child's name →
❓ Frequently asked
Can you give the child the mother's name?
Yes. Parents can choose the mother's name, the father's, or both joined in the order they wish. It's a joint declaration made, in principle, at the time of the birth declaration.
What happens without a name declaration?
Without a joint declaration, the child takes both parents' names joined in alphabetical order (when filiation is established towards both). It's the default rule set by law.
Can you give a double name?
Yes, by joining the father's and mother's names, in the chosen order, with one name only from each parent. If the parents themselves have a double name, they pass on only one of their names to the child.
Does the choice apply to other children?
Yes. The name chosen for the first shared child applies to the later shared children. Siblings from the same parents therefore bear the same surname.
Can you change the child's name later?
Yes, under conditions: by declaration at the town hall to add or substitute the other parent's name (law of 2 March 2022), or by a name-change procedure. The parents' consent and, from age 13, the child's, are required.
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