le nom du parent qui ne lui a pas été transmis

English translation: the surname of a parent that is not the child's legal surname

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:le nom du parent qui ne lui a pas été transmis
English translation:the surname of a parent that is not the child's legal surname
Entered by: Rowsie

08:08 Jul 19, 2018
French to English translations [PRO]
Law/Patents - Law (general)
French term or phrase: le nom du parent qui ne lui a pas été transmis
From the judgment on a petition for name change filed by the parents of a legal minor. The parents wanted to remove the child's 2nd middle name, which was the mother's maiden name. The sentence I'm having trouble with comes from paragraph 278 of the "l'Instruction Générale Relative à l'Etat Civil" which was cited as the reason the judge approved the petition. The entire sentence is, "Il ne peut être attribué à l'enfant comme prénom le nom du parent qui ne lui a pas été transmis." I don't believe it means the mother didn't want the child to use her last name as a middle name as there's nothing in the judgment to that effect. The paragraph in the law where this line appears addresses the limitations placed on parents regarding their right to choose their child's name. Here's a link to the law https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFT...

Any help is much appreciated!
njpenne
the surname of a parent that is not the child's legal surname
Explanation:
French law on naming is a bit of a hornet's nest - basically you cannot give a child the mother's surname as a first or second name UNLESS it is also the child's registered surname (?) So the English ability to use both mother's and father's surname can only be achieved by registering the double barrelled name with a notary and then registering the child with that name. This being the case the judge upheld the request because the child's second name was basically illegal
Selected response from:

Rowsie
France
Local time: 00:15
Grading comment
Thanks! I think the original sentence in French is a bit awkward, especially if you're not familiar with the law, and I think this is the simplest way to express it.
4 KudoZ points were awarded for this answer



Summary of answers provided
5The name of the parent that has not been transmitted.
Mohamed Hosni
3 +1suggestions
Nikki Scott-Despaigne
3the surname of a parent which was not legally attributed to him/her
Kevin Oheix
3the surname of a parent that is not the child's legal surname
Rowsie
Summary of reference entries provided
fwiw, hth
writeaway

Discussion entries: 3





  

Answers


10 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
the surname of a parent that is not the child's legal surname


Explanation:
French law on naming is a bit of a hornet's nest - basically you cannot give a child the mother's surname as a first or second name UNLESS it is also the child's registered surname (?) So the English ability to use both mother's and father's surname can only be achieved by registering the double barrelled name with a notary and then registering the child with that name. This being the case the judge upheld the request because the child's second name was basically illegal

Rowsie
France
Local time: 00:15
Works in field
Native speaker of: English
PRO pts in category: 8
Grading comment
Thanks! I think the original sentence in French is a bit awkward, especially if you're not familiar with the law, and I think this is the simplest way to express it.

Peer comments on this answer (and responses from the answerer)
agree  Melissa McMahon: Yes, it's a bit weird because the wording almost implies that you could use the surname you DID receive as a given name as well.
3 mins
  -> I think that is the case - well weird ...

neutral  writeaway: imo the key is to whom the 'lui' refers to
2 hrs

neutral  Nikki Scott-Despaigne: I think that this could be improved by using "the other parent" in there somewhere. "A" parent is ambiguous. It reads as though the child could use as a frst name the same surname that he already has. This is difficult!
7 hrs

neutral  Germaine: the surname of a parent [whose] [for whom] parentage has not been established?
1 day 10 hrs

disagree  Mohamed Hosni: long and wrong.
2 days 7 hrs
  -> Thank you for that helpful and enlightening comment Mohamed.
Login to enter a peer comment (or grade)

38 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
the surname of a parent which was not legally attributed to him/her


Explanation:
The child shall not bear as forename the surname of a parent which was not legally attributed to him.

A tad litteral but I think that's what it means.

--------------------------------------------------
Note added at 38 minutes (2018-07-19 08:47:06 GMT)
--------------------------------------------------

literal*
him/her

Kevin Oheix
France
Local time: 00:15
Native speaker of: Native in FrenchFrench

Peer comments on this answer (and responses from the answerer)
neutral  Nikki Scott-Despaigne: The syntax is unfortunate as it reads as if it is about allocating a parent to a child.
7 hrs

neutral  AllegroTrans: Sounds like the him/her is the parent so this is confusing
15 hrs

disagree  Mohamed Hosni: Poor suggestion. ( nom> name)and not surname!!.
2 days 7 hrs
  -> No comment.

agree  Rowsie: Mohamed Surname is not the same as 'surnom'. In English your surname is the family name with which you are registered and your first or second name are the names your parents chose for you. Nom in French is Surname (name of father historically) or Family
2 days 8 hrs
  -> Thank you! Yes, "surname" is the last part of your full name (nom), and "forename" (prénom), is a formal word for your first name, but not according to Mohamed.
Login to enter a peer comment (or grade)

8 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
suggestions


Explanation:
The surname of the parent whose surname has not already been given to the child, cannot be used as the child's first name.

A child cannot take as a first name, the surname of the other parent when he already has one of the parent's surnames.

--------------------------------------------------
Note added at 8 hrs (2018-07-19 16:26:19 GMT)
--------------------------------------------------

INstead of "has", "bears" could be used.

Nikki Scott-Despaigne
Local time: 00:15
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 431

Peer comments on this answer (and responses from the answerer)
agree  Michele Fauble
2 hrs

agree  AllegroTrans
8 hrs

neutral  Germaine: See discussion. The second suggestion doesn't work. For the 1st, may be "has not been devolved to..." ? // I thought the same until I read it...
1 day 1 hr
  -> I think estates and traditions can "devolve", but not a surname.

disagree  Mohamed Hosni: See my suggestion .
1 day 23 hrs
Login to enter a peer comment (or grade)

2 days 7 hrs   confidence: Answerer confidence 5/5
The name of the parent that has not been transmitted.


Explanation:
Suggestion.

Mohamed Hosni
Morocco
Local time: 23:15
Native speaker of: Native in ArabicArabic

Peer comments on this answer (and responses from the answerer)
neutral  Nikki Scott-Despaigne: You need to specify which name. If you say "name" in English, a native speaker will reply with the first name and his/her surname. In this context, it is the surname ("nom de famille"). "To transmit" means "to send" and does not work here.
1 day 18 hrs
Login to enter a peer comment (or grade)




Reference comments


2 hrs
Reference: fwiw, hth

Reference information:
qui pourraient amener l’officier de l’état civil à informer le procureur :
...
les règles de dévolution du nom de famille : il ne peut être attribué à l’enfant comme prénom le nom du parent qui ne lui a pas été transmis.

http://etat-civil.legibase.fr/actualites/veille-juridique/le...

le nom du parent qui ne lui a pas été transmis | WordReference Forums
https://forum.wordreference.com/.../le-nom-du-parent-qui-ne-...
1 day ago - 2 posts - ‎2 authors
The entire sentence is, "Il ne peut être attribué à l'enfant comme prénom le nom du parent qui ne lui a pas été transmis." Here's my (lame) ...

writeaway
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 617
Login to enter a peer comment (or grade)



Login or register (free and only takes a few minutes) to participate in this question.

You will also have access to many other tools and opportunities designed for those who have language-related jobs (or are passionate about them). Participation is free and the site has a strict confidentiality policy.

KudoZ™ translation help

The KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases.


See also:

Your current localization setting

English

Select a language

Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search