Although there is no list of prohibited first names in France and almost all choices are permitted, some parents still risk being rejected when they go a little too far in originality. A specialist lawyer explains why certain first names can be banned and others not.
Did you know that in France it is possible to invent a first name? Even if the practice remains possible, the first name must still meet several criteria for it to be accepted by the Civil Registry. If some celebrities have already succumbed to the appeal of original first names like Jean-Paul Rouve who baptized his son Clotaire or the influencer Jazz Correia, Love Shine, the French did not wait to invent their own first name. Some stories have also created a buzz on the web, like this little boy baptized Kaymronne in Saint-Malo by his parents.
Even if the law remains flexible when it comes to the choice of a first name thanks to articles 55 to 59 of the Civil Code, in certain cases the courts can get involved and simply prohibit a first name. This Friday, January 26, 2024, the Actu.fr site became aware of a case involving the referral to a family affairs judge by the public prosecutor of Beauvais regarding a little boy baptized “M» (for singer Matthieu Chedid) which led us to question the reasons which push the justice system to authorize one first name rather than another. A lawyer, Maître Iannis Alvarez, responds.
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When can a civil status officer intervene in the granting of a first name?
If the law of January 8, 1993 leaves parents free choice of the first name of their children, a civil status officer can always contact the public prosecutor when the interests of the child are affected. He may also notify a prosecutor when he thinks that the preservation of the rights of third parties is not respected, that is to say the protection of surnames chosen as first names may constitute usurpation. If the registrar does not have the right to refuse a first name, only a family affairs judge can decide, Master Iannis Alvarez reveals that on the ground the practice is different. Indeed, he explains that some of them simply refuse to transcribe the first name or carry out a sort of “lobbying» to push parents to give up.
But how does a family court judge determine “the detrimental effect» of a first name? When we know the legal battle of Sofia and Alain Renaud to rename their daughter Mégane as well as the refusal of the first names Strawberry, Nutella, or even Léo-pard while the Montpellier Court of Appeal validated the first name Soleil, we ask ourselves the question question. The specialist lawyer explains that it depends on many factors “the context, the elements provided to the judge, the location, and the judge himself» which will determine if the first name is harmful for the future of the child: “a ridiculous appearance or sound, a crude or pejorative character, those difficult to carry due to the complexity or the reference to a discredited person in history (…) or even words of pure fantasy.»
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