The National Assembly validates the simplification of the name change

"This bill does a useful job; better, it does a fair job." This was the judgment passed by the Keeper of the Seals, Éric Dupond-Moretti, on the bill brought by the LaREM group "relating to the choice of the name resulting from filiation". The text, adopted by 49 votes to 5, introduces a simplified procedure for changing names, subject to conditions: it authorizes the substitution or addition of the name of the parent who has not been transmitted, as of July 1, 2022. This request can be made before a civil status officer, and no longer with the Chancellery.

The current name change procedure "is complex, expensive and extremely restrictive", recalled the rapporteur, Patrick Vignal (LaREM), at the initiative of the bill. According to the collective Porte mon nom, the process can last 6 years and can cost 5,000 euros, taking into account the lawyer's fees. The change of name will however be limited to a single occurrence during the lifetime.

"Carrying His Name Like a Cross"

The reform is above all awaited by the victims of violence, abandonment or incest, who see their trauma revived on a daily basis by the fact of bearing the name of the person who committed the abuse. "I received an incredible amount of letters," explained the Minister of Justice, citing certain testimonies. Like that of this septuagenarian, who "bears her name as one carries a cross", having been raped by her father.

Several elected Republicans opposed the reform, deeming it less innocuous than presented by the presidential majority. its too unpredictable effects, all the more so in the absence of an impact study and an opinion from the Council of State. On several occasions, Xavier Breton called for reason, criticizing a law of emotion and expressing his "concern" about the testimonies cited by the minister. "Our duty is not to talk about it," he said. "Here, we objectify things. The law does not create emotion, it does things." The risk of destabilizing a family unit already weakened in law and public debate was also cited in the discussions, which took a political turn.

Reacting to the arguments made by the elected LR, the deputy Agir ensemble Aina Kuric shared her personal experience. Victim of an incestuous father, she began a procedure to change her name in order to keep that of her mother, following legal proceedings. "I told my story to a judicial police officer, to the forensic doctor, to the judge [...]. And then for the umpteenth time, you have to tell your story and write what you have experienced to justify d 'a legal reason,' she lamented. "We don't change names for fun," concluded Aina Kuric, calling for trust in the French.

A username

The bill also clarifies the use of the "user name", which can be used at work, in daily life, with the administration. Here again, the name of the parent who was not transmitted at birth may be substituted or added. The challenge of this article is above all to make life easier for mothers who are divorced or who are raising their child alone, and who find themselves confronted with administrative difficulties on a daily basis.

This provision may be applied to minors, with their consent beyond 13 years. An amendment carried by the majority will allow a divorced mother to add her name to that of the father, by informing him beforehand. It is up to the latter to take legal action in the event of disagreement.

Again, the right of the Hemicycle was very critical. Such a change cannot be done on the sly, stormed Marc Le Fur, who pleaded for this change to be made obligatorily in front of a civil status officer. In continuity, several elected LR – as well as Emmanuelle Ménard (non-registered) – have in turn asked that this addition be final, or that it apply to all of a sibling. Without any amendment being adopted.