The usage name of a minor child listed on a passport does not alter their civil status. It appears in the dedicated section of the travel document, next to the surname, without replacing it. The distinction between these two fields conditions the entire procedure at the town hall and determines the supporting documents to be provided.
Article 311-24-2 of the Civil Code: two distinct regimes for the minor’s usage name
The law of March 2, 2022, restructured Article 311-24-2 of the Civil Code by separating two mechanisms that civil status agents still regularly confuse.
The first is the joint choice of the usage name. Both parents exercising parental authority decide together to add, substitute, or reverse the order of the names carried by the child. In case of disagreement, only the family court judge decides.
The second regime is a unilateral addition option. The parent who has not passed their name to the child can add their own name in second position, as a usage name, without obtaining the prior consent of the other parent. The only obligation is to inform the latter in a timely manner. This mechanism is based on the question of the authorized usage name for a child as defined by law since 2022.
We observe that this dichotomy generates blockages at the counter: some town halls require a bilateral agreement even for a simple unilateral addition, which has no legal basis in the second scenario.
Circular of June 15, 2023: annexes to be provided for a minor’s passport
The circular of June 15, 2023, standardized practice by imposing national models of parental agreement. Two annexes are now circulating in town halls equipped with a collection device.
- Annex 1-1 is the written agreement model of both parents when the usage name results from a joint choice (addition, substitution, or inversion). It must be signed by both holders of parental authority.
- Annex 1-2 concerns unilateral addition: the parent who adds their name in second position fills out this form alone and attaches proof of the information given to the other parent.
- The full birth certificate or family record book remains required in all cases to establish parentage and confirm the surname registered in the civil status.
We recommend presenting the corresponding form for the correct regime at the time of filing the application. Submitting Annex 1-1 when the situation falls under Annex 1-2 (or vice versa) leads to a rejection or an additional delay.
Disagreement between parents and recourse to the family court judge
The family court judge is only competent for the joint choice, not for the unilateral addition. This distinction has direct consequences on the contentious strategy.
When one parent opposes the jointly retained usage name, they refer the matter to the family court judge of the child’s residence. The judge rules based on the child’s best interest, taking into account their age, their ties with each parent, and the prior use of the contested name.
On the other hand, if the non-transmitting parent exercises their unilateral addition option, the other parent cannot block the process in advance. However, they can contest it afterwards before the family court judge if the addition harms the child’s best interest. The burden of proof then rests on the contesting parent.
In situations of contentious separation, this procedural asymmetry weighs heavily. One parent may see a usage name appear on their child’s passport without having given their consent, provided that the parent requesting it has established parentage and that the information has indeed been communicated.
Usage name on the passport: what is actually listed on the document
The French biometric passport contains two relevant lines: the surname (civil status, not modifiable by simple administrative request) and the usage name. The usage name appears on the laminated page but also in the MRZ band at the bottom of the document.
During border control, it is the surname that is authoritative for identification. The usage name facilitates correspondence with airline tickets or school documents, but does not replace the patronymic name. A child traveling with the parent whose name appears only as a usage name may be asked for additional proof of parentage depending on the destination country.
- The usage name has no impact on the birth certificate or the family record book: it remains a revocable administrative usage.
- The removal of the usage name upon passport renewal does not require judicial proceedings. It is sufficient not to mention it in the application.
- Changing the usage name (for example, moving from an addition to a substitution) requires a new form compliant with the 2023 circular.
Particular case: parental authority exercised by a single parent
When only one parent exercises parental authority (court decision, death, withdrawal), they decide alone on the usage name without resorting to the other regime. Annex 1-1 is then not required. The court decision granting exclusive parental authority suffices as supporting documentation, accompanied by the full birth certificate.
The mention of the usage name on a child’s passport remains an administrative procedure, not a change of civil status. The boundary between the two regimes resulting from the 2022 law conditions the form to be filled out, the documents to be provided, and the possibility of contestation. Checking in advance whether the situation falls under the joint choice or unilateral addition avoids the majority of rejections observed at the town hall.