Need lawyer's help with registering birth under different surname

Hello,

I am due to give birth in Paris in a matter of days and under my cultural norms I would like to provide a different surname to my son. While this is not allowed in France, it is allowed under British common law. The document I have from the British Embassy is not being accepted by the mayor’s office but a statement confirming that this can be acceptable as long as on legal/notary letterhead is.

Online version: https://assets.publishing.service.gov.uk/media/6685306fd9d35187868f43d4/France_General_Informative_Notes_on_Name_Change_-_eng-fr_-_09012019.pdf
See section 7.

Unfortunately, the notary who I was using had been fleecing me and tells me yesterday that she does not want to validate and certify my document, after making me run around town. I cannot deal with what has happened as I am running out of time.

The mayor’s office have validated the draft written in French which they will accept. It just needs to go on legal/notary letterhead and validated and certified by signature and stamp and sent by email to the mayor’s office where I will register the birth, and I need the original for when I do actually go to the mayor’s office to register the birth as well as at the hospital.

I have everything required and copies of my British passport and carte de sejour notarised as true copies by my local mayor’s office just in case this can be done over the phone/email/ Zoom.

Of course I will pay, but I don’t want to be ripped off. Anyone can help, please?

Welcome to the forum @sarahuss

Are you saying that this paperwork must be done before the Birth?
Or before you Register the Birth???

I’m rather afraid you might be running out of time in more ways than one.
Today is Friday and this is a Bank Holiday Weekend when many offices are closed… and not reopening until Tuesday.

If your Mairie is open, ask them to suggest a Notaire who might be able to help at such short notice.

best of luck.

Hi Stella,

Thank you for responding. My date of induction is 12 June, and I have five business days including a Saturday after the day of the birth to formally register the birth at the mayor’s office. My obstetrician has advised the delivery would be 13 June.

I have a list of notaries from the British embassy which I worked through yesterday, and one ‘may’ be able to do it on Tuesday 10 June, and another, I am awaiting her return call. The others who did reply are away for the long weekend already.

As long as I have something by email which I can send up until formal registration, fine, but then will need the original for when I actually go to the mayor’s office.

I am about to call a British lawyer in Paris and see what happens.

Thanks Stella.

If there is anyone else in this forum that may be able to assist, please contact me. Obviously I will pay for fees and costs.

Thank you.
Sara

Which arrondissement are you in?

Hi,

15th nearer to the 7th side.

That document seems to refer correctly to what happens in the UK (“INFORMATIVE NOTE ON BRITISH BIRTH CERTIFICATES AND CHANGE OF NAME IN THE UNITED KINGDOM” - sorry for the capitals, but it’s what apears in the document) - are you sure your understanding is correct?

The following link sets out what happens in France Choice of a child's surname by father and mother | Service Public

I hope the induction goes smoothly.

Hello @Porridge

Thank you for the note,

Yes of course, I have had two month’s of conversations with the town hall. They have validated that this is the case in the UK and are happy for me to have this here in France, but they are asking for me to have this certified via a notary or lawyer.

I am aware of the French rules/laws with respect to naming, but given I am not a French citizen, I can follow the customs of the UK here, it is called “certificat du coutume” here.

The link was provided for context.

This is what I need right now please……. ***** ———>>>> If anyone can provide me with a notary or lawyer who can work on this and validate this on letterhead paper, please let me know. As mentioned, the draft provided to the town hall was accepted, it just needs to be pretty much pasted on letterhead and stamped/signed. I will provide all email conversations to the notary/lawyer, no point pasting here as too lengthy.

I am looking for a notary or a lawyer who just needs to validate this given the document from the embassy cannot be stamped.

I will of course pay the fees.

Thank you.

Sorry forgot to reply. I don’t know the 15th very well, but my guess is that you might have more luck with a local notaire rather that someone off an Embassy list who might be high flyers.

Are you abble to go to someone locally amd just ask for them to stamp/sign etc. Our local notaire will certify just about anything we hand over.

Hi @JaneJones

The notary I initially used up until Thursday was the cousin of a friend. Regardless, I went to see three notaries in my neighbourhood after I had emailed them Thursday evening and none would do it, even after seeing all the correspondence. I did a walk-in at another office early evening yesterday, and while the notary spent a lot of time with me to understand everything, he wanted me to translate everything for him from English to French, and in the end he told me he is not sure if I am translating everything correctly because his knowledge of English is not adequate so cannot validate.

So if you have a recommended notary, you are welcome to share it.

Thank you.

Take the Tuesday and also arrange 2 backups if you can. You may find things move faster also - you might run out of time sooner than currently planned :slight_smile:

An off-the-wall thought - if your preferred naming style is also connected with a religion, would a religious body of that religion in France have already had members face the same issue and know who to go to for the needed documentation?

I’m still unconvinced that something has not been lost in translation - but this is France, and I can’t believe I can do our tax return without providing any supporting documentation, so I’m probably wrong.

You might feel too uncomfortable providing more details here, but perhaps you would consider explaining what « cultural norms » you’re referring to, your nationality (I assume British) and what you mean by a different surname. We have a few very knowledgeable people here and they may have suggestions. The surname change may already be possible under French law.

In any event, have you considered asking the Mairie clerk (or whoever your contact is) for the name of a notaire who would do/has done the task they require doing? You could then ask the notaire to liaise with the clerk — sort of boxing the Mairie into a corner?

Bon courage et bonne chance anyway!

Hi @porridge

Thank you. Everyone’s situation is different and maybe you have been lucky. I just used this forum to see if anyone could share a reliable lawyer or notary but have not gotten that I am afraid. I have a couple of appointments and follow-ups on Tuesday, so will take it from there.

I received my carte de sejour approval within four days of applying, and in hand in under a month. However, I received my Assurance Maladie rights after four years. I know I have to deal with bureaucracy here.

I will get this done, but I don’t think I am going to have anyone share a reliable notary or lawyer on this forum here I’m afraid. :frowning:

Thank you to everyone’s advice but I know what I need to do. It is unfortunate the town hall is not accepting the document provided from the British Embassy. I will be calling the town hall Tuesday morning in any case.

Thank you.

Wishing you luck @sarahuss - I’m sure you’ll get it sorted…

However just to add that the reason people here are asking so many questions is because with French bureaucracy often there are alternative ways of achieving a result - so knowing a bit more about your circumstances helps members to help you.

Sorry we don’t have a notaire lined up and ready to go for you - that would of course be easier!

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Most people here are a long way from the 15e. I imagine ours would do it as have a good relationship with them, but far too far away.

Do you do Facebook? There is a group called France Legal Support that has a couple of notaire attached to it.

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@chrissmann Thank you.

@janejones Thank you.

Fair enough, @sarahuss : you’ve obviously made up your mind and I wish you well.

For anyone else reading this thread, here are Porridge’s Principles :smiley: for dealing with French admin.

  1. French administrators generally want to help. They’re not the opposition.
  2. French admin works differently to your home country.
  3. If you’ve been told to do something, but find repeatedly that it’s not possible, consider whether you’ve understood correctly–especially if you’re a non-native speaker.
  4. French people generally are kind, but at the same time don’t want to do anything which might result in their being criticised. Think about alternative solutions and offer them to see if they are possible.
  5. There is more than one way to achieve your objective - anywhere.
  6. If you’re tackling an unusual administrative task which is governed by statute (ie pretty much anything), consider speaking to a notaire first. A notaire will be better-versed in law than a clerk, but more importantly will be in a position to represent your interests with the administrators.
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You might actually be better off taking the Eurostar and having your baby in the UK. Much simpler and (having had babies in both) you’ll have more autonomy and be less medicalised (a la 1950s) in the UK.

@vero That was the option, but now am stuck as my pregnancy is high risk and have to stay within 20 to 30 minutes of a hospital.

Thank you.

@Porridge Thank you.