Volume 1, Draft Civil Code - Digital exhibitions & collections - McGill ...

PERSONS 11
35 If a disavowal or a contestation of paternity has been
judicially allowed, a child loses his presumed father's
surname.
From the time of the judgment, he bears his mother's
surname.
36 A child who is recognized by his father under the
conditions mentioned in Article 273 of the Book on The
Family may bear his father's surname.
He may apply by motion to have the registers of civil
status corrected.
37 If the child is recognized by his mother only, he may
bear her surname.
He may also apply by motion for correction of the
registers of civil status.
38 The motion mentioned in Articles 36 and 37 is submitted
to the court by the father, the mother, the legal representative
of the child if the child is a minor, or the child himself if he
is fourteen years old.
A child who has come of age must submit the application,
on pain of forfeiture, within two years after he reaches
the age of majority.
39 Except in cases of adoption, the change in a surname
resulting from a change in civil status does not entail any
change in the given names.
40 A child's given names are chosen by his parents.
Where they cannot agree, each parent gives him one
name.
41 An adopted person bears the surname of the person who