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LIVING IN FRANCE

French MPs approve law making it easier to change name

The French parliament has approved a bill which would make it easier for citizens to change their surname via a simple new procedure.

Published: 25 February 2022 11:25 CET
The French Assemblée nationale has given the green light to a law allowing people to change their surnames more easily.
The French Assemblée nationale has given the green light to a law allowing people to change their surnames more easily. (Photo by Ludovic MARIN / AFP)

In France, around 85 percent of newborn children are given the surname of their father. 

Currently, French citizens can only adopt the surname of their second parent by going through a long and complicated legal procedure via the Ministry of Justice. 

But a new law approved by parliament on Thursday will make it possible to do so, once per lifetime, via a simple form submitted at the closest mairie (town hall) to the place of birth.

A pressure group that had lobbied for the law, Porte Mon Nom, celebrated the news on Facebook, writing: “this law reminds French people that the name of the mother has the same value as the name of the father.” 

Patrick Vignal, the MP who pushed the law through the Assemblée nationale, tweeted that the legislation was “a law of liberty”. 

Who will this benefit? 

About 3,000 French people attempt to change their surname every year according to the Ministry of Justice.  

The reasons for wanting to change surname, to that of the other parent, are myriad according to the vie-publique website: “because they carry a ridiculous or difficult to pronounce surname, to make their surname more French, to avoid a surname going extinct or to reveal the identity of an illustrious ancestor.” 

Some of the motivations might be darker, including wanting to abandon the name of a parent who is “incestuous, violent or neglectful.”

The new procedure will be available to around half of all people who want to change their surname every year. Those who do not want to adopt the name of another parent, but instead want to modify their family name by removing a syllable or making it more French, will still need to go through the Ministry of Justice. 

French citizens over the age of 18 will be able to submit dossiers to the mairie independently. 

Those under the age of 18 will need both parents to give their consent – if one parent refuses, there will be a legal process for appealing the decision. Those aged 13-17 will also need to consent personally to the name change. 

This legislation has now been validated but has yet to enter into effect. You can can keep track of its progression into law here. 

What about foreigners? 

If you have lived in France for some time, you will be aware that the French have a strange obsession with the use of birth certificates as a proof of identity. 

For some administrative procedures, such as getting Pacsé (entering into a civil partnership) or applying for a higher education bursary, you will be required to submit a copy of your birth certificate (in the former case, this must be a new official copy of the birth certificate less than 6 months old). 

The reason you would be asked for a recent copy of your birth certificate is that French ones are updated to include things like name changes, marital status or whether you legally identify as a gender that wasn’t assigned at birth. A birth certificate in France essentially serves as the ultimate record of your état civile (civil status). 

If you use a name which is different to the one listed on your birth certificate, many French institutions will be baffled and may refuse to validate an administrative procedure. 

The only way to get around this is to legally change your name via deed poll in your home country. You will need official proof of having done so (in the UK, the process costs £42.44 and is known as an enrolled deed poll) in the form of a certificate.

You will then need to get this certificate translated by a professional recognised by the French legal system (un traducteur agréé). Once this has been done, you can submit these documents along with the rest to explain that your legal name is not the one listed on your birth certificate. 

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LIVING IN FRANCE

Reader question: Will I need to do a French ‘integration’ class to renew my carte de séjour?

France's new immigration law contains extra provisions for 'integration' - including promising to adhere to French values and attending classes on French history and culture. Here's what they mean for foreigners in France.

Published: 19 April 2024 17:23 CEST
Reader question: Will I need to do a French 'integration' class to renew my carte de séjour?

Question: I read that France will now be requiring foreigners to sign a contract promising to respect French values, and to take civics classes – does that mean I will have to do that when I next renew my carte de séjour?

The short answer to this is – maybe, it depends on the type of card you have and what change you’re hoping to make.

Here’s the longer answer;

France’s new immigration law, passed back in January, brought in three main changes for foreigners in France – language tests, a contract promising to ‘respect the values of the French republic’ and expanded classes in civics (French culture, history and values).

Language tests

Undoubtedly the biggest change for most people is the language tests – we have covered this topic extensively HERE.

Contracts 

Then there is the Contrat d’engagement au respect des principes de la République française – which is a promise to respect the ‘values of the French republic’ such as personal freedom, freedom of expression and equality between men and women.

In practical terms, this is just a form that you will need to sign as part of the application process for a visa or residency card – you can find full details on exactly what you’re agreeing to respect HERE.

This applies to all types of visa and residency card, including renewals. It is not yet in force, but is expected to come into effect later this year.

Classes

Then there are is the contrat d’intégration républicaine (CIR), which has a confusingly similar name. This involves extra courses in civics and language that certain groups can be required to attend.

The CIR is a lot more than just signing a form, you also agree to take several hours of classes – but the key thing is that many groups are exempt from this requirement.

The immigration law doesn’t actually change who is required to sign the CIR and do the classes, it just expands the scope of the classes themselves and adds a test at the end.

These don’t apply to people applying for visa, it’s only when you get your residency permit – carte de séjour/titre de séjour – that you may be required to meet with OFII (the French office of immigration and integration) and take the classes.

Exemptions – Let’s start with exemptions – if you are applying for or renewing any of the following carte de séjour types you do not need to do the classes; 

  • Visitors (carte de séjour temporaire “visiteur”)
  • Students (carte de séjour temporaire portant la mention “étudiant”)
  • Trainees/interns (carte de séjour temporaire portant la mention “stagiaire”)
  • Temporary workers (carte de séjour temporaire portant la mention “travailleur temporaire”)
  • People who were born in France and have resided here for at least eight years (you fall under the jeune étranger né en France status of the carte de séjour temporaire portant la mention “vie privée et familiale”)
  • People with serious illness (you fall under the ‘étranger malade‘ category of the carte de séjour temporaire portant la mention “vie privée et familiale”)
  • Seconded employees and their families (carte de séjour pluriannuelle portant la mention “salarié détaché”)
  • Seasonal workers (carte de séjour pluriannuelle portant la mention “travailleur saisonnier”)
  • Talent passport holders and their families (carte de séjour pluriannuelle portant la mention “passeport talent”)
  • People who completed at least three years of French secondary school or one year of higher education in France
    EU/EEA/ Swiss nationals
  • Holders of the post-Brexit Article 50 TUE carte de séjour
  • People who qualify for the carte de résident due to service in the French foreign legion or military

So who does have to do the classes? – The new law does not change who has to sign the CIR (and by extension, agree to take the classes), certain groups have always been required to do this, including;

  • Workers on a salarié carte de séjour
  • Self-employed people on a entrepreneur/profession libérale status
  • Certain groups on the ‘vie privée et familiale‘ statuses, including parents of French minors and foreign spouses and partners (PACs) of French nationals.
  • Applicants for the carte de résident de longue durée-UE card, which is given to people after five years of residency in France
  • Refugees

You only have to sign the CIR and take the assigned courses once, and the certificate then applies to all future card applications and renewals. 

How to access the classes

In most cases, people do the classes shortly after arriving in France when they request their first carte de séjour (usually after three months of residence, although it can be longer for different card types).

It is part of the general summons by the OFII which can also include language classes and a medical test.

OFII: Your questions answered on France’s immigration office

However if you are swapping from a card type that is exempt onto a card type that is not exempt you may also have to do them – for example if you apply for the carte de résident de longue durée-UE after five years of residence and were previously on a ‘visiteur’ card.

In this case you won’t receive a summons from OFII, you will need to contact them and request the relevant form. You will be called to an interview and from this interview they will decide whether you need to do the classes or not – it depends on your level of French and whether you can demonstrate that you are integrated into French society and understand French values.

In the case of the carte de résident de longue durée-UE, the opinion of your local mayor or commune can be taken into account – so if you know your mayor you could ask them to write an attestation stating that you are well integrated into local life, which may help.

So that’s the long answer – we did warn you. 

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