Childs Surname Legalities

Summary

In France, a child can bear the surname of the mother, father, or both. However, the surname of the mothers spouse at the time of birth is the default. To use the biological fathers surname, a recognition of paternity might be needed. Consult a local attorney for guidance. Specifying the biological father at the hospital may not legally establish paternity. This often involves a legal process: voluntary recognition at the local town hall or court-ordered recognition.

Full Conversation

Hi there. I got married in France with a man I’m in the process of getting a divorce with. I’m having a baby with a new man
Hello Gabrielle. That's quite a situation. Just to clarify, are you asking about how the upcoming birth may affect your ongoing divorce, or are you concerned about the legal implications regarding the father of your baby?
Will the baby be able to have his biological fathers last name at the hospital ?
In France, a child can bear the surname of the mother, father, or both. However, the surname of the mother's spouse at the time of birth is the default. To use the biological father's surname, a recognition of paternity might be needed. Please consult a local attorney.
Ok!
Gabrielle, would you like me to provide you with contact information for a local attorney or legal service in France who can assist you with this matter?
But if I specify at the hospital that the biological father is not my husband, will that be recognized?
In France, specifying the biological father at the hospital may not legally establish paternity. This often involves a legal process:
- Voluntary recognition: The biological father can acknowledge paternity at the local town hall.
- Court-ordered recognition: If voluntary recognition isn't possible, you may need to go to court.
Consult a local attorney for accurate guidance.
Ok
Gabrielle, would you like assistance in finding a local attorney in France who can guide you through this process?
Yes
Great! Could you please provide the city or region in France where you're currently located? This will allow me to find an attorney who specializes in family law in your area.