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Yes, according to the interpretation of Article 99, Paragraph 1 of the General Principles of the Civil Law of the People's Republic of China and Article 22 of the Marriage Law of the People's Republic of China, citizens shall, in principle, take their father's or mother's surname. In any of the following circumstances, a surname may be chosen in addition to the father's and mother's surnames:
1) Select the surnames of other lineal elders' blood relatives;
2) The surname of the person who is chosen because he or she is being supported by a person other than the legal person who is the person who is the legal supporter;
3) There are other legitimate reasons that do not violate public order and good customs.
The surnames of citizens of ethnic minorities can be derived from the cultural traditions and customs of their own people.
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Yes, Article 22 of China's current Marriage Law stipulates: "Children may take their father's surname and their mother's surname." "Nor should the law interfere if a natural person chooses a new surname in accordance with the law.
Even if a woman adds her husband's surname to her own name after marriage, it is based on the will of the person concerned.
Usually the name is determined by the parents of a natural person at the time of birth, but this is not a denial of the right to self-name, but it is actually a manifestation of parental authority, and it is the first act of parents to implement parental authority. When a natural person reaches adulthood, he or she may also change his or her name through the name change procedure. Another manifestation of the right to self-name is the right of a natural person to choose his or her own alias, to determine a pseudonym, a stage name and other corresponding names other than the registered name according to his or her own will and wishes, without interference with anyone.
Adult name change conditions.
Conditions for the change of name of minors.
Minors under the age of 16 only need to be applied by their guardians and provide relevant proof (household registration certificate, school certificate, birth certificate or only child certificate), and if the parents are divorced, only the consent of one of the guardians is required to change the surname and name, and the consent of both parents is not required as before.
What are the requirements for a citizen to change his or her name?
Name changes. Requests for changes in the names of preschool children may be made orally, and the police shall be in their possession. Children over the age of 10 must obtain their consent, and adults must submit their own written requests.
Citizens who go to school and are 16 years old need to change their names, which is approved by the head of the police station. After the age of 16, a written application must be submitted by the applicant and submitted to the public security organ for approval with valid supporting materials. Persons who have been deprived of their political rights in accordance with the law and who are currently under criminal punishment or re-education through labour must not change their names.
After a citizen changes his or her name in accordance with the law, the original name is to be used as a "former name" for future reference.
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You have to reason with your mother-in-law, even if you are allowed not to use your parents' surname, you can't do this, which will have a certain impact on the child's psychology.
In the future, when children grow up and fill out various documents, people will definitely question why it is not the father's or mother's surname.
You can tell her that it is better to have a surname with her father, but consider using her mother's name in her name.
If the child grows up and finds that his surname is his grandmother, he will definitely feel very unaccustomed.
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There is basically no problem with this, as long as an agreement is reached through negotiation, the law will not explicitly stipulate it.
However, in view of your situation, I think you can use two names, one for ordinary salutation, the other for studying, household registration, etc. This is still relatively common in our rural areas. According to Chinese tradition, children take their parents' surnames, so you can accommodate your mother-in-law, but also try not to let your children have a foreign surname.
Your mother-in-law is really offbeat.
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Well, the National Regulations on Name Registration make a hard and fast rule on the naming of citizens: citizens should take the father's or mother's surname, but it is allowed to use the surnames of both parents. But I don't know if you have any regulations there.,But for the sake of family harmony, I suggest you try it first.,If not, then your mother-in-law has nothing to say.,If you can, you'll be on your mother-in-law.,The regulations are also allowed to be changed in the future.,Hehe.。。。
Good luck!
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Then why doesn't your husband have your mother-in-law's surname, he can't even care about his own son, why should he care about his grandson. But it is legally feasible that the child can be a third surname in addition to the parents. It basically has no impact on the future.
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Yes, I have a friend whose children's surname is Wu, his own surname is Ma, and his wife's surname is Jin.
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Generally speaking, children should follow their parents' surnames, but it is not easy for a mother-in-law to be single, and it is even more difficult to support older children, so accommodate your mother-in-law, let the child have a surname with you, and then give the child a name with the same surname as your mother-in-law, and put it in the former name.
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It is recommended that you can communicate with your husband, generally with the parents' surname, if the mother-in-law insists that your child and her surname can be negotiated, if not, you can go to the court for mediation, and generally will not support your mother-in-law.
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Of course! It's just that there may be people talking behind their backs.
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If there are provisions, they can only take their parents' surnames, and their surnames cannot be registered in the household register.
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No, how can there be such a thing, it is supposed to be filial to your parents, but isn't this an unreasonable request, and it is unacceptable from a reasonable point of view.
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There aren't many legal provisions, as long as there is nothing wrong with your family, there are examples of this around me.
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I think you should communicate well with your husband, and whose surname you have is is not a big problem, which may also be a sense of security for your mother-in-law.
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Whatever my husband's surname is, what is my surname.
It is not stipulated by law.
You still need to communicate, don't worry.
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You have communicated with your husband, and it is not up to you to decide who you are talking to.
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Is it okay if I didn't write my parents' last names?
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The child can not take the mother's last name with the father.
According to the relevant legal provisions, children can take the father's surname and the mother's surname, and the law does not stipulate which surname the child has and of course does not exclude other surnames, so the child can take another surname instead of the father's or mother's surname. The procedures required to change a child's name are:
1. Parents apply to the household registration authority for change of registration;
2. Submit ID card, household registration booklet and the applicant's written application, and the certificate of approval from the personnel department of the school to change the attack;
3. After on-site review, it shall be examined and approved by the registration authority.
Citizens who meet one of the following conditions may apply for the registration of a change of surname:
1. The father's surname or mother's surname is changed due to blood relationship;
2. The surname has been changed due to adoption;
3. Changing the surname due to a foreign-related marriage;
4. Changing the surname due to the divorce or remarriage of the parents;
5. The woman's original husband's surname applies to remove the husband's surname;
6. It needs to be changed due to other special reasons.
Legal basis] Regulations of the People's Republic of China on Household Registration
Article 18: Citizens' change of name is to be handled in accordance with the following provisions:
1) When a person under the age of 18 needs to change his or her name, the bank or the person or the parents or adopters shall apply to the household registration authority for the change of registration;
2) When a person over the age of 18 needs to change his or her name, he or she shall apply to the household registration authority for the change of registration.
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The child's surname can not follow the parents, as follows:
1. Chinese law does not mandate that the child's surname must be with a certain party;
2. In principle, citizens should take their father's or mother's surname;
3. In any of the following circumstances, the surname can be selected in addition to the father's surname and the mother's surname:
1) Select the surnames of other direct elders;
2) The surname of the dependant is chosen because he or she is supported by a person other than the legal dependent;
3) There are other legitimate reasons that do not violate public order and good morals.
4. According to the laws of our country, children can take their father's surname and their mother's surname.
Legal basisCivil Code of the People's Republic of China
Article 1015:Natural persons shall take their father's or mother's surname, but in any of the following circumstances, they may choose a surname other than the father's or mother's surname:
1) Select the surnames of other lineal elders' blood relatives;
2) The surname of the person who is chosen because he or she is being supported by a person other than the legal person who is the person who is the legal supporter;
3) There are other legitimate reasons for eliminating slag that do not violate public order and good customs.
The surnames of natural persons belonging to ethnic minorities may be subject to the cultural traditions and customs of their own ethnic groups.
Article 1016.
Where a natural person decides to change his or her name, or a legal person or unincorporated organization decides, changes or transfers his or her name, it shall go through registration formalities with the relevant organs in accordance with law, except as otherwise provided by law.
Where a civil entity changes its name or bridge name, the civil juristic acts carried out before the change are legally binding on it.
Article 1012.
Natural persons enjoy the right to a name, and have the right to decide, use, change, or permit others to use their own names in accordance with law, but must not violate public order and good customs.
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*Yes**, children can not have their parents' surnames. According to the relevant laws and regulations of Pai Cong Yan, the child's surname may be the surname of another direct elder blood relative, or the surname of the dependant because he or she is supported by someone other than the legal supporter. The surnames of natural persons of ethnic minorities may follow the cultural traditions and customs of their own ethnic groups.
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Legal analysis: Yes, you can use the surnames of other blood relatives of the direct stupid wheel elders, such as the surname of the milk silver file. Minors can take the surname of either parent, which can be recognized by law, because men and women are equal and are equal in law.
Legal basis: Article 1012 of the Civil Code of the People's Republic of China: Natural persons enjoy the right to a name and have the right to decide, use, change or permit others to use their own names in accordance with the law, but they must not violate public order and good customs.
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"Nor should the law interfere if a natural person chooses a new surname in accordance with the law. Even if a woman adds her husband's surname to her own name after marriage, it is based on the will of the person concerned.
Legal basis: Article 990 of the Civil Code Personality rights are the rights enjoyed by civil subjects such as the rights to life, body, health, name, name, portrait, reputation, honor, and privacy.
In addition to the personality rights provided for in the preceding paragraph, natural persons enjoy other personality rights and interests based on personal freedom and personal dignity.
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If there are special circumstances, it is okay for the child not to follow the parents, the name is a code name, as long as they have said it in their own family, there are many people who do not have the surname of their parents, and they do not necessarily have to have the surname of their parents, not with their parents' surname, this is your child.
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As long as there is no objection from both parents, it is completely okay not to use the parents' surname, because the first name is just a code name.
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You don't have to take your parents' surname, so who do you have with your surname? It's strange to have such an idea, is it because you don't want others to know? You can do this now, you will regret it in the future, think twice.
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