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Book 4 · Family law  ›  Title 4 · Legal relationship between the parents and the child in general › Section 1618

Bringing a child under a family name

The parent who has the parental custody for a child alone or jointly with the other parent and their spouse who is not a parent of the child may, by declaration to the registry of births, deaths and marriages, give their family name to the child that they have taken into their joint household. They may also attach this name in front of or after the name of the child at the date of the declaration; a family name attached earlier in front or after under the first half-sentence lapses. Giving the name or prepending or appending it requires consent by the other parent where the other parent has joint parental custody with the parent giving the name or the child has the other parent’s name; if the child has reached the age of five, this also requires consent by the child. The family court may substitute the consent of the other parent if the giving of the name or prepending or appending it is necessary for the best interests of the child. The declarations must be publicly certified. Section 1617c applies accordingly.

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