Is it okay to change your surname if your remarried children are in high school and how to do it

1.Can a child change his surname after divorce?

It is okay for a child to change his or her surname after a divorce. Article 16 of China's Marriage Law stipulates that a child may take either his 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.

According to the relevant spirit of the Supreme People's Court's Reply to the Issue of Changing the Child's Surname (81] Fa Min Zi No. 11), 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, 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 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.

2.What should I do if my child changes his surname after divorce?

Children may take either their father's or their mother's surname. The law stipulates that adult children have the right to change their own names, and that the change of the names of minor children must be decided by both guardians through consultation.

If you have to change your child's surname, it takes two steps.

First of all, it is necessary to consult with the child's biological father and provide proof of written consent. 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;

Secondly, you need to bring your household registration booklet, ID card, child's household registration book, divorce certificate and other materials to the local public security bureau 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.

Yes, just go to the Public Security Bureau to change the household registration book.

Legal analysis: After the divorce of filial piety, without the unanimous agreement of both parties, one party changes the minor child to the stepfather's surname, which lacks legal basis, and the other party sues the court, the party who changes the surname will not be supported by the court. Therefore, if one party changes the name of the minor child to the stepfather, it cannot be supported by the law, and if there is such a case, the other party will object to the child's original surname.

Legal basis: Article 1015 of the Civil Code of the People's Republic of China: Natural persons shall take their father's surname or the 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) 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.

Children may take either their father's or mother's surname.

1. Children under the age of 18 can change their surnames only after the parents have reached a consensus; Parents or guardians should fill in the application report with their resident ID cards and household registration booklets, and apply to the public security police station where their household registration is located for change;

2. Children who have reached the age of 18 can decide for themselves whether to take their father's surname or their mother's surname. The applicant shall apply to the public security police station where the household registration is located with the original or photocopy of the resident ID card, household registration booklet, relevant certificates and certificates, and after reporting to the municipal or county public security organ for approval, the applicant shall apply for the change and submit the photo for the replacement of the resident identity card.

Legal basis] Article 18 of the Regulations on Household Registration, and 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/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.

The 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.

It is okay for a child to change his or her surname after a divorce. 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.

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 other than his father's surname and his mother's surname: (I make a fuss) choose the surname of other direct 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 for the search that do not violate public order and good customs.