French Law on Changing First Name and Sex: A Summary of Court Rulings
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French law, changing first name, changing sex, Civil Code, Court of Cassation, gender identity, law and identity
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Abstract
This document provides a summary of French court rulings on changing first name and sex, including the Civil Code and Court of Cassation decisions. It's a valuable resource for understanding the legal context of gender identity in France. Written for a law course, this analysis explores the intersection of law and identity.
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[...] In this case, Géraldine wants to change sex, without changing her first name. However, the facts targeted by article 61-5 are not cumulative. As a result, if Géraldine presents herself as a man or is known by this sex by her family, social or professional environment, she will be able to obtain this change. [...]
[...] The change of first name from Géraldine: Article 61-5 of the Civil Code states: « Any person ( . ) who demonstrates by a sufficient gathering of facts that the mention related to their sex in the civil status documents does not correspond to that in which they present themselves and in which they are known can obtain its modification. The same article indicates the facts that may justify such a request: - Presents themselves publicly as belonging to the claimed sex, - She is known by the claimed sex of her family, social or professional environment, - What she has obtained the change of her first name so that it corresponds to the claimed sex. [...]
[...] To this end, he files a request with the President of the Court of First Instance on 12 January 2015. An appeal is lodged with the Orleans Court of Appeal on 22 March 2016. The man finally appeals to the Cassation. In support of his request, he invokes the respect for private life (protected by Article 8 of the ECHR), which includes respect for gender identity, an identity that must be understood above all as the psychological sex without necessary correspondence with physical appearance. [...]
[...] The law therefore reverses, on this point, the position of the jurisprudence. III. Case study: Géraldine and Hervé have a child, however the sex of the child is not immediately identifiable. Géraldine, for her part, wishes to change her sex on the civil status while keeping her first name, whereas Hervé wishes to change only his first name to Ambroise. From then on, can a civil status officer mention a neutral sex on the civil status in the case of an intersex newborn? [...]
[...] In this case, a person wishes to replace on their civil status the mention 'male sex' with that of 'female' without providing medical-legal proof of their sex change. By deed of 13 June 2007, he has the public prosecutor assigned for this purpose. On 13 March 2009, the Court of First Instance rejects his request. An appeal is lodged before the Court of Appeal of Nancy on 3 January 2011, which rules in the same sense, on the grounds that he should have provided proof of the irreversible nature of the sex change process. [...]
