The issue of changing the name of the parent after the divorce. 20

Updated on society 2024-03-25
9 answers
  1. Anonymous users2024-02-07

    It won't have any negative effects, at most your friends and colleagues will know that your father is a stepfather. I used to have a classmate like you, and my biological father didn't do anything, so she simply changed her surname to her stepfather's. She also thinks it's very good, because she thinks that she can make others feel that even if her biological father treats her badly, she still has a stepfather who loves her, and she is very happy.

    Because it's a second-generation resident ID card now, I don't know if you have it over there. So, the procedure is as follows:

    Regulations of the People's Republic of China on Household Registration》 "Article 18 A citizen's change of name 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. "Change the hukou first, and then change the ID card!

    Article 99 of the General Principles of the Civil Law stipulates: "Citizens enjoy the right to a name, and have the right to decide, use and change their name in accordance with regulations, and prohibit others from interfering, misappropriating or counterfeiting." "In China, under normal circumstances, if a person under the age of 16 submits an application to change his or her name, the public security organ shall handle it at its discretion; Where the age is 16 years old or older, the public security organs should strictly control ......Therefore, it will be difficult to change your name if you are over 16 years old!

    If you can, don't change it! Although the law stipulates that citizens enjoy the right to a name, because there are no clear provisions on the specific content of the right to a name and whether the exercise of the right is restricted, the public security organs often consider a lot when going through the formalities for a citizen who applies for a name change, and it is still difficult for a citizen to exercise the right to change his name.

    Although Article 18 of the Regulations of the People's Republic of China on Household Registration states that "the change of name of a citizen 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 or 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 a change of registration", but in practice it is complicated. If a citizen under the age of 18 needs to change his or her name, his or her parents or guardians must submit a written application, and the change shall be made after examination and approval by the household registration department; For adults over the age of 18 who request to change their name, they can only change their name after having sufficient reasons and approval from the municipal public security organs.

    Under normal circumstances, citizens over the age of 18 are not allowed to change their names in principle. When a resident changes his or her name, he or she needs to go through the following approval process: 1. Submit a written application in person; 2. If it is a cadre or employee, it is also necessary for the organization and personnel department of the unit to submit an agreement to the change; 3. Investigated by the police station or community police at the place where the household registration is located; 4. The director shall put forward opinions and submit them to the higher household registration management department for approval; 5. Examination and approval of the sub-bureau; 6. Examination and approval by the Municipal Bureau.

    I think it's very troublesome! But if you like it, change it!

  2. Anonymous users2024-02-06

    I'm in the same situation as you, my parents divorced when I was a child, and then I lived in a reorganized family for more than ten years, and my stepfather was okay with me. I also changed my surname later, but I was forced to do so, and there was no way to do it.

    The procedure is very simple, as long as you and your mother agree, you can go to the police station to change your name, the process is very simple.

    The first of these is that it can greatly improve your family relationship, and your stepfather will feel that he has been substantially rewarded for your upbringing, and he will be touched spiritually.

    You and your stepfather go out to run errands and eat together, etc., and you don't have to cause some kind of embarrassment about the surname, but the main role is to improve your family relationship.

    The negative impact is yourself, such as old classmates for many years, or other people you know, who know that you have changed your surname, causing some suspicion, etc., the key is up to you.

    I just want to smoke you on the second floor, I don't know how to reorganize the family, I personally advise the landlord not to hesitate to change the surname, even if it is for your mother, it is worth it.

  3. Anonymous users2024-02-05

    I want to change my name just like you.

  4. Anonymous users2024-02-04

    Legal analysis: After the parents divorce, the child's name change does not need to go through both parents. The child's surname and first name are determined by mutual agreement between the parents, and the change of the child's name should also be agreed upon by both parents.

    After the parents divorce, either party does not have the right to change the child's name without authorization. Where minors change their names, it shall be upon the consensus of both the minor's parents or guardians. If the child's name is changed directly without the consent of the other party, the other party has the right to request the public security organ to restore it or file a lawsuit with the court to restore the original name.

    Legal basis: Article 176 of the Civil Code of the People's Republic of China 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.

  5. Anonymous users2024-02-03

    Legal analysis: The parents need to agree to change their names after divorce, and the following supporting materials are required to change their names: 1. Written application of the applicant (if under the age of 16, the application shall be submitted by the guardian); 2. If the parents divorce and change the surname of a person under the age of 16, the divorce certificate shall be provided, and the agreement shall be signed by both parents and the father.

    3. Household registration booklet, resident ID card; 4. If it is a staff member of an organ, group, school, enterprise or institution, it is necessary to submit a certificate of approval of the change by the personnel department of the unit or school, and if it is a student in school, it shall submit a certificate of approval for the change by the school, and if there is no unit, it shall be issued by the neighborhood (village) committee where the household registration is located, and then the police of the responsible area of the place of household registration shall sign the opinion on the certificate, and the director in charge of the police station shall print the change correction form after agreeing (persons under the age of 16 do not need to print the change correction form if they change their names, After being approved by the director in charge, it will be handled directly in the household registration room of the police station) and reported to the household office hall of the sub-bureau for review and approval.

    Legal basis: "Regulations of the People's Republic of China on Household Registration" Article 18 A citizen's change of name 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 or his 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.

  6. Anonymous users2024-02-02

    Analysis of the law of legal reputation: Yes, as long as there is a legitimate, reasonable, and sufficient reason, you can go to the police station to change your name. However, I promise that the civil and legal liabilities arising from the name change will be borne by myself.

    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 public order and good customs.

    Article 1015 A person who is self-directed 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 his mother's surname:

    1) Select the surname of his direct elder's blood relative;

    2) The surname of the person who is chosen to support Cong Xuliang because he is supported by a person other than 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.

  7. Anonymous users2024-02-01

    Article 1015 of China's Civil Code stipulates that a child may take either his father's surname or his 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. In accordance with the spirit of the Supreme People's Court's Reply to the Issue of Changing the Child's Surname ([81] Fa Min Han Xing Zi No. 11), if the divorced parties have not negotiated or reached an agreement through consultation, and one of the parties requests to change the child's name, the public security organ may refuse to accept it; 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, if the other party requests that the child's original name be restored and the divorce parties fail to reach a consensus through negotiation, the public security organ shall restore it. Therefore, if the child changes his surname after the divorce, the party raising the child has no right to change it alone without the consent of the other party.

    After the divorce, if the custody of the child follows the woman, the woman has the right to change the child's surname, and the father of the child cannot stop it, because the woman has the right to do so.

  8. Anonymous users2024-01-31

    After the parents divorce, the child can change his surname in the following ways:

    1. Obtain the consent of the child's father and obtain a written consent form;

    2. For children under the age of 18, the mother shall go to the police station where the household registration is located to go through the procedures for changing the surname. When handling the application, you need to bring the household registration booklet, divorce certificate, consent letter and other materials.

    The procedures for changing the surname in divorce are as follows:

    1. If 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;

    2. 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, and bring their household registration, ID card, children's household registration and divorce certificate to the public security organ for processing;

    3. Where one parent deceases and the other party requests to change the name of a minor child after another marriage, the public security organs shall distinguish between different circumstances and allow the parties and guardians to go through the formalities for changing the name with relevant certificates.

    Legal basisArticle 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.

    Article 19. When a citizen's household registration changes due to marriage, divorce, adoption, household separation, merger, disappearance, recovery or other reasons, the head of the household or himself shall report the change of registration to the household registration authority.

  9. Anonymous users2024-01-30

    Children whose parents are divorced can change their surname. However, the child's surname can only be changed if both parents agree. The law states that after a child's parents divorce, neither parent has the right to change the child's name without authorization.

    At the same time, the non-direct custodial party may not refuse to pay child support because the child has changed his or her 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 of the People's Republic of China: 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 and mother's surnames: (1) Selecting the surnames of other lineal elders' blood relatives; (2) Choosing the surname of a supporter because they are being supported by a person other than the legally-designated supporter; (3) There are other legitimate reasons that do not violate public order and good customs. The surnames of ethnic minority natural persons may conform to their own cultural traditions and customs.

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