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Anonymous users2024-02-07The state stipulates that the child has the right to change the child's surname after divorce, but it can only be done after consultation between the two parties, and either party has no right to change the child's name without authorization.
According to the relevant provisions of the Supreme People's Court, if the parties to the divorce 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;
Article 22 of the Marriage Law stipulates that a child may take the father's surname or the mother's surname. Therefore, the child's name can be changed, but it needs to be agreed upon by both parties.
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Anonymous users2024-02-06It is possible for a child to change his or her surname after a divorce, but only with the consent of the other party. Without the consent of the other party, the parent raising the child has no right to change it alone, and even if it is changed, the other party has the right to sue for change, and it will have to be changed at that time.
Article 16 of the Marriage Act stipulates that a child may take either the father's or the 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 a Child's Last Name, the public security organ may refuse to accept a request from one of the parties to a divorce to change the child's name without consultation or if no consensus has been reached through consultation.
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 successful negotiation, the public security organ shall restore it. Therefore, if the child changes his surname after the divorce, without the consent of the other party, the parent raising the child has no right to change it alone, and even if it is changed, the other party has the right to sue for the change, and it will have to be changed at that time.
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Anonymous users2024-02-05After the divorce, the child can be modified, and there are two situations, first, if the child is a minor, then the consent and cooperation of the south are required; Second, if the child is an adult, he or she can decide to change his surname.
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Anonymous users2024-02-04The change of the child's surname must be agreed upon by both husband and wife, otherwise the administrative part will not accept it. Therefore, a wayward female friend who raises her children alone cannot let her children take her own surname, unless the child is born with her own surname.
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Anonymous users2024-02-03Legal analysis: children can change their surnames after divorce. The law stipulates that children may take either their father's or mother's surname.
After the birth of a child, the child's 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. Where the parties to the divorce have not negotiated or reached an agreement through negotiation, and one of the parties requests to change the name of the child, the public security organs 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 successful negotiation, the public security organ shall restore it.
Legal basis: Article 1,000 Limb Fluid 015 of the Civil Code of the People's Republic of China A natural person shall take the father's or mother's surname, but where there are any of the circumstances listed below, they may choose a surname other than the father's surname and the mother's surname: (1) choose the surname of other lineal elder blood relatives; (2) The surname of the person who chooses the person who is supported by a person other than the legal person who is the person who is the person who supports them; (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.
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Anonymous users2024-02-02It is possible to change the child's surname after the divorce, but it needs to be agreed by both parties. Generally speaking, the name of the child is determined by the consensus of the parents and the losing party, so the change of the child's name should also be agreed upon by both parents. After a divorce, neither party has the right to change the child's name without the consent of the other party.
Article 18 of the "Regulations on Household Registration" of Leaky Mountain Citizens who change their names 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.
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Anonymous users2024-02-01A change in the child's name should be agreed upon by both parents. After the parents divorce, neither parent has the right to change the child's name without authorization. If one party wants to change the name of the child, he or she must reach a consensus with the other party before going to the household registration department to register the name change.
According to Article 19 of the "Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts", if one of the parents changes the child's surname to the stepmother's or stepfather's surname without authorization, and a dispute arises, the parent shall be ordered to restore the original surname. According to Article 1058 of the Civil Code, husband and wife equally enjoy the right to raise, educate and protect their minor children, and jointly undertake the obligation to raise, educate and protect their minor children. Article 1015 of the Civil Code of the People's Republic of China 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 chooses the person who is supported by a person other than the legal person who is the person who is the person who supports them; (3) There are other legitimate reasons that do not violate public order and good customs. The surnames of ethnic minorities who surrender themselves to the banquet may follow their own cultural traditions and customs.
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Anonymous users2024-01-31After a divorce, the parental consent is required for the child to change his or her name, and even if the child is raised by one of the parents, the child cannot change the surname unilaterally.
Generally speaking, after the birth of a child, the name is determined by the agreement of both parents, so the change of the child's name should also be agreed upon by both parents. After the parents divorce, neither parent has the right to change the child's name without permission. Even if the parent who is raising the child changes the child's name without the consent of the other party after the divorce, the other party has the right to sue for the child to change back to his or her original name.
[Legal basis].Article 16 of the Marriage Law of the People's Republic of China provides that children may take their father's surname or their mother's surname.
In accordance with the spirit of the Supreme People's Court's Reply to the Issue of Changing a Child's Last Name, the public security organ may refuse to accept a request from one of the parties to a divorce to change the child's name without consultation or if no consensus has been reached through consultation. 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 successful negotiation, the public security organ shall restore it.
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Yes, but it's your business how you get along in the future.