Cake request for 3-year-old Hitler namesake denied. FRENCH LAW on freedom to choose child's first name

Fri Dec 19 10:01:32 PST 2008

Merci beaucoup!

***

So glad that gratuitous little bit about les Francais generated  
something so informative.

Remember LaFayette!

rs

On Dec 19, 2008, at 12:39 AM, Dominique CUSTOS wrote:

> I am writing as a French law professor (formerly affiliated with  
> Caen University, Normandy) who joined the American academia.
>
> The French law on this matter has evolved as follows.
>
> From the French Revolution to 1993, there was no parental freedom to  
> choose a child’s first name. The town clerk or the mayor could  
> refuse to register names deemed to be unfit. The name fitness was  
> determined on the basis of calendars, Ancient history, and from  
> 1966, social usages. Refusal to register the name did not amount to  
> parental unfitness.
>
> Since 1993, parents have enjoyed the freedom to choose their child’s  
> first name. However, they may suffer a limitation which requires a  
> judicial intervention as opposed to the administrative decision made  
> by a municipal civil servant or a mayor under the former law.  
> Indeed, no longer can the mayor refuse to register a fist name  
> submitted by parents. She or he may only refer the case to the  
> prosecutor who may decide to file a suit seeking a name change not a  
> pronouncement of parental unfitness. Referral of the case and  
> judicial withdrawal of the name chosen by the child’s parents are  
> based on a determination of the child’s interest or that of a third  
> party’s rights.
>
> The official translation of Article 57 of the French Civil Code  
> reads (available at http://195.83.177.9/code/liste.phtml?lang=uk&c=22&r=247#art2861 
>  ):
>
> Article 57
>        A record of birth shall indicate the day, the time and the  
> place of birth, the sex of the child, the first names given to him,  
> the family name, followed if there is occasion by the mention of the  
> joint declaration of the parents as regards the choice effected, and  
> the first names, names, ages, occupations and domiciles of the  
> father and mother and, if there is occasion, those of the applicant.  
> If the father and mother of the child or one of them are not  
> indicated to the officer of civil status, nothing thereon shall be  
> mentioned on the registers.
>        The first names of the child are chosen by his father and  
> mother. A woman who asked to keep her identity secret at the time of  
> the delivery may make known the first names she desires to be given  
> to the child. Otherwise, or where his parents are unknown, the  
> officer of civil status shall choose three first names the last of  
> which takes the place of a family name to the child. Any first name  
> entered on the record may be chosen as the usual first name.
>        Where these first names or one of them, alone or combined  
> with the other first names or the name appears to him to be contrary  
> to the welfare of the child or to the rights of third persons to the  
> protection of their family names, the officer of civil status shall  
> give notice thereof to the government procurator* without delay. The  
> latter may refer the matter to the family causes judge*.
>        Where the judge considers that the first name is not  
> consonant with the welfare of the child or interferes with the  
> rights of third persons to the protection of their family names, he  
> shall order its removal from the registers of civil status. Where  
> appropriate, he shall give the child another first name which he  
> himself chooses in the absence of a new choice by the parents that  
> be consonant with the interests aforesaid. A mention of the judgment  
> shall be entered in the margin of the records of civil status of the  
> child.
>
> Dominique Custos
> Loyola University New Orleans
> ----- Original Message Follows -----
> From: Robert Sheridan
> To: guayiya
> Cc: "CONLAWPROF at lists.ucla.edu"
> Subject: Re: Cake request for 3-year-old Hitler namesake denied
> Date: Thu, 18 Dec 2008 15:35:05 -0800
>
>
>
> > Until recently, it could in France, where all children had
> > to be named Didier or Marie-Claire. This drove the
> > Muslims and others nuts, of course, and now the rule has
> > receded into the past, as I've read. The town clerk
> > simply wouldn't register non-French names. Would the
> > French take the children away from parents who named their
> > kids improperly? I can see the French removing the
> > parents from a kid named "Adolf Hitler J'ne se quoi."
> >
> > Here it would depend on the particular community, I
> > suspect, but I see Palmore v. Sidoti looming large for
> > some reason. Government not pandering to the prejudices
> > of the majority, I suspect.
> >
> > rs
> >
> >
> > On Dec 18, 2008, at 2:39 PM, guayiya wrote:
> >
> > > Family law question: can name choice make parents
> > > unfit? If not, why not?
> > > Daniel Hoffman
> > >
> > > David Wagner wrote:
> > >> Here’s another you may like:
> > >>
> > >>
> > http://www.google.com/hostednews/ap/article/ALeqM5hNXg5FqcqZg1KUgf6PNrmnRRk-4wD95490680
> > >>
> > >> I gather the refusal of the cake-decorator was based on
> > >> conscience. This implicates something – refusal to
> > accommodate >> customer demand when it clashes with
> > provider conscience – that we >> were discussing a week
> > or so ago. (Since I support both the pro- >> life
> > doctors and the no-Hitler cake decorators, I think I have
> > a >> consistent position.)
> > >>
> > >> David M. Wagner
> > >> Regent University School of Law
> > >>
> > >> _______________________________________________
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>
> Dominique CUSTOS
> Judge John D. Wessel Distinguished Professor of Law
> Loyola University College of Law
> 7214 St. Charles Avenue, Campus Box 901
> New Orleans, LA 70118
> Ph.: 504. 861. 5660
> Fax: 504. 861. 5533
> Email: dcustos at loyno.edu
> Emergency email: dcustos at loynodr.com
>

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