Can a divorced child s surname be changed? Can a child change his surname after a divorce

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

It is possible to change the surname, but it is best to ask for the consent of the other person. The Marriage Law 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.

It's not that it can't, it's that it's too difficult to change, the procedures are too complicated, and changing the name and age of the household registration needs to be modified by the provincial and departmental household registration departments.

Whether or not your ex did anything that made you miserable and desperate, it is mainly up to you to change your surname!

The relationship between a child and his or her parents does not change because of a divorce. According to article 36 of the Marriage Law, the relationship between parents and children is not extinguished by the divorce of the parents. After divorce, the child remains the child of both parents, regardless of whether they are raised directly by the parent or the parent.

After divorce, parents still have the right and obligation to raise and educate their children.

In other words, 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 Article 19 of the Several Opinions of the Supreme People's Court on the Handling of Child Custody in Divorce Cases by People's Courts, parents may not refuse to pay child support because of a change of surname.

If a dispute arises by one of the parents changing the child's surname to the stepmother's or stepfather's surname without authorization, the parent shall be ordered to restore the original surname.

Legal analysis: children can change their surnames after divorce. The law stipulates that children may take either their father's or mother's surname.

Generally speaking, after the birth of a child, the name of the child is determined by the agreement of both 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 an agreement through negotiation, the public security organ shall restore the child's name.

In short, the issue of changing the child's surname after divorce needs to be negotiated and reached by both parties.

Legal basis: 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 their father's and mother's surnames: (1) Choosing 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.

After the divorce, the child's surname can be changed. However, if one of the parents wants to change the child's surname, under normal circumstances, both parties may not unilaterally decide to change the name of the minor child after the divorce without special reasons, and the consent of the other party is required, and if the parent 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. Therefore, the child's surname can be changed, but it needs to comply with the above legal provisions.

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 the change of registration. 2. If a person over the age of 18 needs to change his/her name, he/she must apply to the household registration authority for the change of registration.

Regulations of the People's Republic of China on Household Registration

Article 3: Public security organs at all levels are in charge of household registration work.

Cities and towns with public security police stations shall have the jurisdiction of the public security police station as the jurisdiction of the household registration; In townships and towns where there is no public security police station, the jurisdiction of the township or town shall be the jurisdiction of the household registration. Township and town people's committees and public security police stations are the household registration organs.

For those who reside in the internal and public dormitories of government agencies, organizations, schools, enterprises, institutions, and other units, each unit shall designate a special person to assist the household registration authorities in handling the household registration; For scattered household registration, the household registration authority shall directly handle the household registration.

For non-active military personnel residing in military organs and military quarters, each unit shall designate a special person to assist the household registration authority in handling the household registration.

For the household registration of production cooperatives such as agriculture, fishery, salt, forestry, animal husbandry and handicrafts, the cooperatives shall designate a special person to assist the household registration authorities in handling the household registration. Accounts other than cooperatives shall be directly registered by the household registration authorities.

Article 18: Citizens' name changes are to be handled in accordance with the following provisions:

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

2. If a person over the age of 18 needs to change his/her name, he/she must 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, adoption, household division, merger, disappearance, recovery or other reasons, the head of the household or himself shall report to the household registration authority for the change of registration.

Legal Analysis: Yes. 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, household registration of the child, and divorce certificate to the public security organ for processing.

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 her parents or the adopter 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.

Children can change their surname after divorce. According to the provisions of the Civil Code of China, children can take the father's surname or the mother's surname. Generally speaking, after the birth of a child, their name is decided by the parents through consensus, so the change of the name of the child and the child must be decided by both parents through consultation.

After the parents divorce, 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 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 an agreement through negotiation, the public security organ shall restore the infiltration.

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 must be changed back when the time comes.

1. What are the circumstances under which the marriage registration authorities refuse to accept divorce by agreement?

1. Marriage registration has not been completed. Failure to register a marriage mainly includes two situations: First, the marriage registration of the parties is not handled in Chinese mainland.

The marriage registration authorities shall not accept the divorce registration. The second is a de facto marriage that has not been registered. In this case, the marriage can only be dissolved through litigation.

2. No divorce agreement has been reached. Article 1076 of the Civil Code stipulates that before the husband and wife voluntarily divorce and defend themselves, 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. Accordingly, if the parties to the marriage cannot reach an agreement on the above-mentioned matters, the marriage registration authority shall not accept it.

3. One or both parties are persons with no or limited capacity for civil conduct. If one or both parties to the divorce are persons with no or limited capacity for civil conduct and are unable to express their true wishes on the dissolution of the marriage relationship or the disposition of property, the marriage registration authority shall not accept the application. Divorce in which one or both spouses are persons with no or limited capacity for civil conduct shall be carried out through litigation procedures.

2. What documents are required for divorce?

The premise is that after friendly negotiation between the husband and wife, both parties are willing to divorce, and after signing the divorce agreement, the divorce agreement must indicate the resolution of the ownership of the children, the division of property, etc., in the case of children, before you can bring the materials to the Civil Affairs Bureau for processing, and the materials required for divorce by agreement are as follows:

1. Relevant documents to prove your identity, ID card, household registration book, etc.;

2. Marriage certificate held;

3. The divorce agreement signed by both husband and wife;

4. Two 1-inch recent bareheaded half-length photos of the husband and wife.

Legal Analysis: It is possible to change the child's surname after divorce. Natural persons shall take their father's or mother's surname.

Circumstances of changing the surname of Lacha: Both parents or guardians request that the name of the minor child be changed through consultation; Changing religious and secular names; Adoption or dissolution of adoption, divorce or remarriage of parents, etc., where it is necessary to change the child's name and the biological or adoptive parents agree to the change.

Legal basis: 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 their father's and mother's surnames: (1) choosing the surname of another lineal elder blood relative; (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.

1. It is actually possible to change the surname, but it depends on how old the child is, if it is because the husband and wife divorce and the child is awarded to the mother to be raised by the mother, then if you want to change the surname, you need to communicate and negotiate with the child's father, and only if the father agrees can it be successfully changed.

2. In addition, if you want to change your name directly without the consent of your father, for example, when the child is over 18 years old, you can go to the police station to change it directly.

What are the provisions of the new policy on changing the name of divorced children?

1. In the case of the husband and wife having children, it is necessary to give the child a jujube name, of course, you can follow the father, a surname can also follow the mother's surname, and you can communicate and negotiate on your own. If you want to change your child's surname later, it is okay, but you must meet the requirements of the regulations, especially now that there is a new policy in 2021, everyone must comply with it.

2. If the husband and wife divorce, it is okay to change the child's surname after the divorce, but you must communicate and negotiate with the other party, and the change can only be successful if the other party agrees to change, otherwise your wishful thinking will not be accepted by everyone.

3. If you change the child's name, you need to go to the police station to register, and you need to bring relevant materials, such as after communication and negotiation, if the other half agrees, you must bring the corresponding certificates and materials. Medium-void.