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Mother’s Maiden You may want to take your mother’s maiden name rather than your father’s, but is that possible? What is the procedure to follow ?
Yes, provided you have a “legitimate interest”.
In certain circumstances, individuals have the option to adopt their mother’s maiden name without requiring her written consent, with the exception of cases involving minors. This process involves an administrative procedure for a name change, which necessitates providing valid justification based on a “legitimate interest” supported by relevant documentation. For instance, if the mother’s maiden name is at risk of extinction or if the father’s name is considered derogatory or absurd, documentary evidence must be presented to establish the need for the name change. It is important to note that a mere disagreement with the father does not constitute a valid “legitimate interest” for the name change.
To initiate this name change procedure, a formal request must be submitted to the Keeper of the Seals, who is responsible for investigating the case. In certain instances, the Keeper of the Seals may be obligated to launch an inquiry by contacting the public prosecutor to gather additional information or to assess the validity of the request.
This administrative process aims to ensure that legitimate reasons are provided before granting permission for a name change. The requirement for documentary evidence serves as a means of verifying the authenticity and seriousness of the request. By evaluating the justification and supporting documents, the authorities can determine whether the adoption of the mother’s maiden name is warranted.
It is essential to recognize that this procedure is primarily intended to address specific situations where there is a compelling need for a name change. It is not an avenue for individuals to change their names simply due to personal preference or disputes with their fathers. The process is designed to strike a balance between individual rights and societal considerations, ensuring that name changes are granted for legitimate reasons while upholding the integrity of personal identities.
In summary, individuals seeking to adopt their mother’s maiden name can do so through an administrative procedure for a name change. However, it is crucial to provide valid justification based on a “legitimate interest” supported by documentary evidence. Disagreements with the father alone do not meet the criteria for a valid name change request. The Keeper of the Seals oversees the investigation process and may involve the public prosecutor if necessary. This procedure ensures that name changes are granted in appropriate cases, striking a balance between individual rights and societal considerations.
Concretely, how does this happen?
If the request is accepted, a decree is published in the Official Journal. Within two months of this publication, any interested person may oppose your request for a name change. If there is no opposition to this decree, it becomes final at the end of this period and you can use your mother’s maiden name, which is then entered in your civil status.
If the request is rejected, it is possible to present two appeals: an informal appeal to the Keeper of the Seals, provided that there is a new element. You can also challenge the rejection before the administrative court by appealing for abuse of power.
Société d’Avocats DAMY, Nice, Can I take my mother’s maiden name? 2022 Update