If the husband and wife are not divorced, whether the children can take the mother s surname

Article 22 of the Marriage Law of the People's Republic of China stipulates: "Children may take their father's surname and their mother's surname. ”

Article 22 of the Marriage Law of the People's Republic of China stipulates: "Children may take their father's surname and their mother's surname. "Explain that it is not necessary to establish a child's surname to be the father's or mother's.

According to people's custom, after the birth of a child, the child's parents will register the child's household registration. Usually, the child's name is suggested by the parents or grandparents or other relatives, and it is ultimately the parents who decide on the child's name. Legally, parents share the right to name their children.

On the other hand, one parent does not have the right to decide on the child's name unilaterally.

If one party changes the child's surname without the permission of the other party, and one party raises an objection to the other party and requests it to make corrections in a timely manner, if the party refuses to make corrections, one party has the right to file a lawsuit in the people's court.

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

Both parents write application materials, and the materials should indicate that the parents have expressed their consent to the child's name change, take the application and household registration book, marriage certificate, and ID card to the police station to find the police, hand in the materials, and wait for the director's approval.

Legal Analysis: Yes. In principle, the father's or mother's surname is in line with traditional Chinese culture and ethics, and is in line with the wishes and practical practices of the vast majority of citizens.

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 file a divorce lawsuit with 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 the People's Law Destruction Court has ruled that a divorce is not permitted, the parties have been separated for one year, and one party initiates a divorce lawsuit again, the divorce shall be granted.

Legal Analysis: Yes, but only if both parties agree in the divorce. If the parties to the divorce have not negotiated or reached an agreement, and the mother compulsorily requests to change the child's name, the public security organ will not accept it.

If the mother conceals the divorce from the police and thus changes the name of the child without authorization, the father may request that the police restore the child's original name.

Legal basis: Article 18 of the "Regulations of the People's Republic of China on Household Registration" 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 a change of registration.

After divorce, the child can take the mother's surname, but the consent of the other party is required. Generally speaking, the name of a child is determined by mutual agreement between the parents, 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.

[Legal basis].Article 18 of the Household Registration Ordinance.

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.

Legal Analysis: Yes, the change must be agreed upon by both parties.

Legal basis: Regulations of the People's Republic of China on Household Registration

Article 17 When it is necessary to change or correct the contents of the household registration, the head of the household or himself shall report to the household registration authority; The household registration authority shall make changes or corrections after verifying the facts. When the household registration authority deems it necessary, it may request proof of change or correction from the applicant.

Article 18: Citizens' name changes are to 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 10 If a citizen moves out of the jurisdiction of Shishan of his or her household registration, he or the head of the household shall report to the household registration authority for moving out of the household registration before moving out, receive rent and obtain the relocation certificate, and cancel the household registration. Citizens moving from rural areas to urban areas must apply to the household registration authorities of their permanent residence for moving out with a certificate of employment from the urban labor department, a certificate of admission to a school, or a certificate of permission to move in from the urban household registration authority. Citizens moving to border areas must be approved by the Central Customs of the Public Security Aircraft of the county, city, or municipal district where they habitually reside.

After the divorce, the child's surname can be taken after the mother's surname, but only if the divorce parties agree. If the parties to the divorce have not negotiated, or if they have not reached an agreement, and the mother compulsorily requests to change the child's name, the public security organ will not accept it. If the mother conceals the fact of divorce from the police and thus changes the child's name without authorization, the father may request that the police restore the child's original name.

Legal basis: The "Household Registration Regulations" clearly stipulate the change of the child's name after the divorce of the parents: 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 will not 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.