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Civil registration records
Errors in a civil registration
Applying for a minor correction
Applying for an important correction
PacisLexis Family Law
Civil registration lawyer
In France, civil registration is the system by which a government records the vital events of its citizen.
Vital events typically are:
- Birth certificate
- Death certificate
- Marriage certificate
In France, the information collected and recorded must adapt constantly to reflect changes in the citizen’s lives. For example, the French supreme Court has accepted a gender-neutral option to include on a birth certificate for non-binary people. Thus, if an individual takes steps to transition, they can ask to change their gender on their IDs.
Sometimes error in the information recorded can occur. If after the registration you notice that there is an error, it’s possible to get it corrected for the information to be accurate.
In France, correcting an error in a civil registration has been partially simplified. There is no need for the family court to get involved.
Our firm located in Paris regularly deals with errors in a civil registration. You can also learn more by reading our other articles: how to change your gender, how to change your name
Civil registration lawyer
Civil registration records
Who records your information in France?
A civil registrar or civil registration clerk records and updates French citizens information.
Registering a birth in France: overview
All births in France must be registered within 5 working days of the child being born.
If the last day of the registration is on a weekend, the deadline is the first next working day.
You should do this at the local register office (town hall) for the area where the baby was born.
A birth certificate will be issued at the same time of the registration.
What to do if the birth hasn’t been registered within 5 working days?
You must petition the family court to get a birth certificate order.
In such cases, you must get a lawyer.
Our firm can help you protecting your interests. You can get an appointment withing 48 hours in our office, by a phone call or video chat.
Penalties for not registering a birth
It’s a criminal offence not to register it within 5 days and the penalties are:
- A fine which is €3,750 and 6 months imprisonment
- Damages (French law article 1240)
What documents you should take with you to register a birth?
You should take:
- A form of identification (passport, IDs, driving licence…)
- Midwife or GP certificate
In France, before a child birth, the parents must declare that they are the parents and have parental responsibility. The term in French is ‘reconnaitre l’enfant’. Indeed, in France you can give birth ‘sous x’, meaning that the birth mother will give birth without giving her name and the child will be immediately place in the care of the state or place with a foster family.
If the parents haven’t declared that they are the parents, they have to provide a proof of address when registering the birth.
Child born abroad from French parents
If the child is born abroad with French citizenship, there are 2 ways to get the child registered in France:
- Recording the birth at the French ambassy in the country you live
- A registrar at the French ambassy or diplomatic services where you live
Registering a child as a British citizen when they are born in France?
In order to register a child for British citizenship when they are born abroad you will need to complete the application form MN1.
Civil registration lawyer
Civil registration records: …Next
Registration of a neonatal birth and death
You need to register your baby’s birth and death at the same time if the birth has been registered before the death.
Parents must provide a medical record and certificate showing that the baby is born alive mentioning the day and time of their birth and their death.
The child birth will be recorded on the family book.
Registration of stillbirth in France
The process for registering a stillbirth combines features of both birth and death registration.
However, parents must provide to the registrar the midwife certificate but no parental responsibility will be recorded.
You can arrange a funeral for your baby.
What information can you find on a birth certificate?
A birth certificate includes the date, time and place of the birth, the child’s name and sex. The natural mother’s and father’s name if applicable including her birth name and maiden name, the address.
Why a birth certificate has to be correctly registered?
The birth certificate is essential to:
- Getting married
- Changing your marital property regime
- Divorcing
An error in a birth certificate can prevent you from doing those things.
What to do to register a death?
You should do this at the local register office (town hall) for the area where the individual is dead.
You must take with you the medical certificate mentioning the cause of the death.
Death certificate information
The information on a death certificate typically include:
- Date and place of the death
- The address of the person
- Their full names
Civil registration lawyer
Civil registration records: …Next
Why a death certificate has to be correctly registered?
A death certificate is essential to:
- Dealing with the deceased person’s money and property
- Inheritance
- Life-insurance benefits
- Dealing with utility bills and tenancy agreement
An error in a death certificate can prevent you from doing those things.
What information can you find on a marriage certificate?
A marriage certificate in France holds the following certificate:
- Date and place of marriage
- Names, ages and marital status of bride and groom
- Prenup agreement if applicable
- Notaire’s name who has issued the marital regime
Why a marriage certificate has to be correctly registered?
A marriage certificate is required if:
- You’re applying to move to another country even for a temporary residence
- Divorcing
- Renewing or changing your passport and other IDs
Can third parties look up civil registration records in France?
Yes!
You can order online or by going to your local registration services (town hall).
However, you won’t get the full information.
You can get a certified true copy of birth, marriage, death if you’re a spouse, an ascendant or a Notaire and sometimes a lawyer on behalf of their clients.
What are the fees when ordering certified copy of a certificate?
Ordering a certified copy of a certificate is free in France.
Civil registration lawyer
Errors in a civil registration
In France, you have to identify what errors have been made to determine the right process to correct a certificate.
Correcting a registration
If you have discovered an error in a registration, it may be possible to arrange for the entry to be corrected.
However, correction of an error can only be made in accordance with procedures set out by the French legal authorities.
What are the types of errors affecting your civil registration?
In France there are 2 types of errors:
- One called ‘erreur matérielle’ as minor mistakes
- The other one called ‘erreur substantielle’ as important mistakes
What is an ‘erreur matérielle’ or minor mistakes in France?
An ‘erreur matérielle’ is an error related to a spelling mistake, a missing word, a missing highen, mistakes involving names.
What is an ‘erreur substantielle’ or important mistakes in France?
An ‘erreur substantielle’ is an error related to an entry.
An entry would be: the wrong gender, wrong father’s name etc…
Civil registration lawyer
Applying for a minor correction
Who can make the correction?
It depends!
It can be the register office for the area where the certificate was registered if it’s a minor mistake.
It also can be the general prosecutor for any important mistakes.
I’m an expat, who should I contact to correct an error?
If a French citizen living abroad you should contact the ‘Service central d’état civil du Ministere chargé des affaires étrangeres’ as the French General Register Office (GRO) in Nantes.
The address is: 11 Rue de la Maison Blanche, NANTES (44941)
I’m a British citizen living in France, where should I go?
There are various procedures for registering a birth or death of a British National which takes place overseas.
Most births and deaths can be registered with the British Embassy or High Commission in the country where the event took place.
I’m a British citizen and want to marry a French citizen, what shall I do to get a certificate of no impediment?
You also should contact the British Embassy in France if you want to marry or register a civil partnership abroad to get a certificate of no impediment.
For British citizen marrying a foreign national, please note that a certificate of no impediment is only issued for what it is worth.
British Embassy Paris: 35 Rue du Faubourg St Honore, Paris cedex 08. You can also follow this link: https://www.contact-embassy.service.gov.uk/?country=France&post=British%20Embassy%20Paris%20
Is a lawyer compulsory to correct an error in a registration?
No!
A lawyer is not compulsory. However, it’s strongly advisable to get a family lawyer to speed up the entire process.
Civil registration lawyer
Applying for a minor correction:… Next
Is there a fee to correct a minor error in a civil registration in France?
No! it’s free
However, if a lawyer is involved, you will have to pay the lawyer’s fees.
How long will it take for a registration to be corrected?
For corrections that can be made at the register office, your local register office will be able to advise their current timescale.
For important corrections that have to be sent to the French GRO, it can take more than a year and a half.
This is typically for this reason why we advise you to get a lawyer who will speed up the process.
Civil registration lawyer
Applying for an important correction
Where to apply?
Important corrections in France implies the involvement of a judge.
I live in France, where to apply?
If you live in France, you have to apply at your local court of justice or where the certificate was registered at the first place.
I live abroad, where to apply?
If you live abroad, you have to apply at the court of justice of Paris.
What paperwork do I need for an application?
You need to show that the information originally given at the time of the registration was wrong.
You will need to provide a copy of the certificate and produce documents showing the correct information if applicable and all other wrong documents. In any case, you will need to provide your ID.
What happens next?
If the judge agrees to correct the error, an order will be served to the civil registration office in the area where the certificate was issued at the first place.
Your local register office will have then a 3 day deadline to issue a new certificate.
The judge disapproved my application, what shall I do?
You can appeal. You have up to 15 days to appeal after the order has been served.
Is there a fee to correct an important error in a civil registration in France?
No, it’s free!
However, you must pay the lawyer’s fees if you have one.
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Our articles about civil registration
How to change your gender
For a comprehensive guide on how to change your gender in France, we recommend you to read this article.
Initially, changing your gender on civil registration was not allowed in France. Indeed, this restriction was based on the fact that changing your gender identity didn’t match the sex you were assigned at birth.
Following the condemnation of France by the European Court of Human Rights based on the Article 8 of the ECHR, things started to change.
Changing your gender on civil registration was first only upon providing evidence of a medical treatment resulting in sterility.
Parental responsibility
Parental responsibility is a family law basement, outlining the rights and obligations parents have towards their children.
While similar in both France and the UK, there are nuanced differences in how parental responsibility is acquired, shared, and potentially removed.
Whether dealing with a straightforward family matter or a complex international dispute, understanding the laws surrounding parental responsibility is essential for parents navigating the legal system.
How to change your name
Every person has a surname representing a person’s identity, connecting family members between them.
In France, historically, children’s surname is the father’s surname.
Nowadays, relating to gender gap issues, this rule doesn’t apply all the time. Indeed, parents can give their children the father’s surname, the mother’s surname or both.