Can I change my child s name after a divorce?

After a divorce, the parent who directly supports the child wants to change the child's name for several reasons: First, the custodial mother is resentful of the child's father and wants to change the child's surname.

As the old saying goes, "there are three unfilial pieties, and no queen is greater", the Chinese attach great importance to inheritance, and some women hope to change the surname of their children (usually boys) in order to achieve the psychological satisfaction of the other party. The second is that, due to various reasons, one party believes that the child's name needs to be changed, and only the name is changed but not the surname. Third, the parent who lives with the child remarries and wants to change the child's surname to that of the stepfather or stepmother.

After the divorce, the parent who directly raises the child acquires the right to raise the child himself and live with the child, but does not gain a monopoly over the child, let alone deny the paternity of the other child.

The relationship of rights and obligations between parents and children does not disappear with the termination of the marriage relationship. Therefore, if one party wants to change the name of the child, he or she must negotiate with the other party and reach a public understanding before he or she can go to the household registration department to register the name change.

Article 22 of the Marriage Law stipulates that "a child may take the father's surname and the mother's surname.

Article 19 of the Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by the People's Courts stipulates that: "If a dispute arises by one of the parents changing the child's surname to the stepmother's or stepfather's surname without authorization, he or she shall be ordered to restore the original surname." Therefore, after the divorce of the parents, the change of the child's surname should be negotiated.

Minor children can also be heard if they can express their views clearly. Adult children can change their surname in accordance with the law.

Can a woman change her child's last name after a divorce?

After a divorce, either parent cannot unilaterally change the child's name.

1. Whether the child can change his name after the divorce.

1. You can change your child's surname after divorce. The state stipulates that after divorce, the child has the right to change the child's surname, but it can only be done after the agreement of both parties, and neither party has the right to change the child's name without authorization. If the divorced parties have not negotiated or reached an agreement through negotiation and one of the parties requests to change the child's name, he or she should be persuaded to restore the child's name.

2. Legal basis: Article 18 of the Regulations of the People's Republic of China on Household Registration.

Citizens' name changes shall be handled in accordance with the following provisions:

1) When a person under the age of 18 needs to change his or her name, he/she or his/her parents or adopters shall apply to the household registration authority for a 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.

2. What are the procedures for a child to change his surname?

1. It is necessary to negotiate with the child's biological father and need to be approved in writing. If the child is over 10 years old, the child's opinion is also required, but if the child is over 18 years old, the child's consent is required;

2. You need to bring your household registration book, ID card, child's household registration book, divorce certificate and other materials to the local public security bureau or police station where your household registration is located. The household registration agency must sign both parties before changing the child's surname or name. Otherwise, one party has no right to change the child's surname and name, and the household registration agency will not handle the formalities.

If one party does not agree, and the other party forcibly handles it, and the household registration office bears legal responsibility, the other party has the right to sue the party that changed the name and the household registration handling agency.

Legal Analysis: After divorce, the parent raising the child cannot change the child's surname without the consent of the other party. Even if the child's surname has been changed without the consent of the other party, if the other party requests the child's original name to be restored and the divorce parties fail to reach a consensus through negotiation, the public security organ shall restore the child's name.

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 divorce proceedings, 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.

Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

If the parents are divorced, the child living with the direct custodial party has the right to change the child's name, and the parents must not refuse to pay child support because the child changes the surname.

[Legal basis].Article 1015 of the Civil Code of the People's Republic of China.

A natural person shall take the father's or mother's surname, but 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 natural persons belonging to ethnic minorities may be subject to the cultural traditions and customs of their own ethnic groups.

Article 59 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section.

Parents may not withhold child support because of a child's change of 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.

According to the law, children may take either their father's or mother's surname. Generally speaking, after the birth of a child, the name is determined by mutual agreement between the parents, so the change of the child's name should also be agreed upon by both parents. When the parents are divorced, neither parent has the right to change the child's name without authorization.

[Legal basis].

Article 1084 of the Civil Code The relationship between parents and children shall not be extinguished by the divorce of the 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.

In the event of a divorce, children under the age of two shall be raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.

Legal Analysis: After the parents divorce, the original surname cannot be changed unless the parents agree to change it or the adult child agrees to the change.

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

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 name in accordance with law, but must not violate the order and good customs of public servants.

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