Question 2280 — marital status

Summary

Mr. Stéphane Vojetta draws the attention of the Minister for Europe and Foreign Affairs to the situation of French men and women subject to the deadlines and conditions for transcription of birth certificates by the central civil status service in Nantes under the responsibility of the Ministry of Europe and Foreign Affairs. The subject concerns more specifically requests for birth certificates for French children born in the Principality of Monaco due to French parents residing in this State or whose pregnancy was monitored in the Principality of Monaco for medical reasons. Parents, French residents of Monaco or cross-border workers, known as commuter workers, who represent 43,500 French men and women, or six times more than French residents, find themselves faced with great difficulties regarding the recognition of their children who remain without legal existence for several months under French law. Indeed, the waiting time for the transcription of the birth certificate can have significant repercussions in the lives of French people, despite complete and non-complex files and in particular with regard to French people established abroad or cross-border workers who are therefore required to travel often. Likewise, these requests for an act of birth are sometimes confronted with discrepancies in the transcription of family names themselves. A child born in London when the parents were established there, for example, can have both parents' names, whereas in Monaco, if the same parents move there, only the surname is recognized. Thus, the same siblings can end up with different last names, either both or only one of the two parental names. The central service of Nantes seems to refuse to restore the uniqueness of names for brothers and sisters of the same parents, the administration not accepting this change because a name that can be divided in British law, to keep the same example, is not divisible in French law. Thus, in order to compensate for the excess time in processing requests for birth certificates and, at the same time, to ensure the homogeneity of the last name of the same siblings, it could be a question of proposing that this service of transcription of birth certificates be provided by the town hall of Nice whose agents would be authorized to process Monegasque civil documents as is the case between the CAF and the Monegasque social services fund, for example, which work together to ensure the opening of rights. More generally, for any border region, a system could be set up for cross-border French people residing in France or outside France which would allow them to contact the town hall services of the main towns in neighboring regions. Also, he would like to know if this solution is possible or what improvements the Government can make to this administrative and legal functioning.

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