Is it legal for one of the spouses to change the child s surname without authorization after the div

Article 22 of the Marriage Law of the People's Republic of China stipulates: "A child may take either his father's surname or his mother's surname. It fully embodies the principle of equality between men and women and equality between husband and wife in China's marriage law.

The traditional feudal ideology that children can only take their father's surname, not their mother's surname, is wrong. However, the Marriage Law does not stipulate that one of the parents may change the child's surname at will, and since Ying Hongzhi has taken the father's surname, his surname cannot be changed at will.

2. Changing the names of the children without authorization after the divorce is contrary to the spirit of the judicial interpretation. Article 19 of the Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by the People's Courts in Divorce Cases of 3 November 1993 stipulates that: "Where a dispute arises by one of the parents changing the child's surname to the stepmother's or stepfather's surname without authorization, the parent shall be ordered to restore the original surname.

Of course, as long as both parties reach an agreement and do not violate the public morality of society, it can also be decided that their children adopt other surnames, and the law does not prohibit it. However, it can be seen from the above provisions that when either party changes the name of a child, the consent of the other party must be obtained. In other words, a child's last name can only be changed if both of the child's biological parents agree.

Hong's act of changing his daughter's name without Ying's consent is contrary to the spirit of the judicial interpretation.

It is possible to change the child's name after the divorce, but it needs to be determined through consultation with the parent who does not support the child, and one party is not allowed to change the child's name without authorization. According to article 22 of the Marriage Law, a child may take the father's surname or the mother's surname.

Hello, if one parent changes the child's name without authorization, it violates the parental authority of the other parent over the child based on the name.

Where a person under the age of 18 applies for a change of name, his parents or other guardians shall submit a written application to the police station where his or her household registration is located.

If a husband and wife need to change the name of their minor children after divorce, both parties must jointly negotiate and submit a written application to the public security organ for handling. If one party obtains a change in the child's name because he or she conceals the fact of divorce from the public security organ, the public security organ shall restore the child's name if the other party requests that the child's name be restored.

Legal analysis: It is illegal for one party to change the child's surname without authorization after the divorce of the husband and wife, and the change of the child's surname needs to be determined by both parties through consultation, and one party is not allowed to change it without authorization. Where a parent changes the child's surname to the stepmother's or stepfather's surname without authorization, causing a dispute, they shall be ordered to restore the original surname.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates a divorce lawsuit, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

After the divorce of a husband and wife, it is illegal for one party to change the surname of a child without authorization, and the consent of the other party shall be obtained for the change of surname. According to Article 59 of the Interpretation (1) of the Supreme Ming Haoqiao People's Court on the Application of the Marriage and Family Section, parents may not refuse to pay child support because their children have changed their surname. Where a dispute arises from a parent changing the child's surname to the stepmother's or stepfather's surname without authorization, the original surname shall be ordered.

Article 1015 of the Civil Code stipulates that a natural person shall take the father's or mother's surname, but in any of the following circumstances, the surname may be chosen in addition to the father's surname and the 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 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.

1. Is the agreement on the child's last name valid?

The agreement regarding the child's surname is valid, but the agreement must not be contrary to public order and good morals. According to Article 1015 of the Civil Code, a child may take the father's surname and the mother's surname. and Article 1015 of the Civil Code, a natural person shall take the father's or mother's surname, but in any of the following circumstances, the surname may be chosen in addition to the father's surname and the 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 violentness 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.

2. Can the child born have the woman's surname?

The child born can have the woman's surname. In any of the following circumstances, you may also choose a surname other than your father's or mother's surname:

1. The surname of the blood relatives of the direct elders;

2. The person who is not the legal dependant is supported and chooses the surname of the supporter;

3. There are other legitimate reasons that do not violate public order and good customs, and the surnames of natural persons of ethnic minorities may follow the cultural traditions and customs of self-socks.

Article 59 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section: Parents must not refuse to pay child support because their children change their surname. Where a dispute arises from a parent changing the child's surname to the stepmother's or stepfather's surname without authorization, the original surname shall be ordered. Article 1015 of the Civil Code provides that a natural person shall take his father's or mother's surname, but in any of the following circumstances, he may choose a surname in addition to his father's surname and 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 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.

According to the provisions of the Civil Code of our country, it is not possible. After the divorce, without the consent of the ex-spouse, either party may not change the child's surname to himself, let alone the stepparent's surname, otherwise he will bear civil tort liability.

Legal basisPants fight celery.

Article 1084 of the Civil Code states that the relationship between parents and children shall not be extinguished by the divorce of parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother. After divorce, parents still have the right and obligation to raise, educate and protect their children.