The parents of a divorced child sign an agreement to agree to change the mother s surname, and if th

The mother has the right not to change.

Taking Shanxi Province as an example, according to the "Shanxi Provincial Regulations on the Administration of Permanent Residence Registration":

Article 92: In principle, citizens who have reached the age of 18 are not allowed to change their current names. If a citizen changes his or her surname, he or she must submit a notarial certificate issued by the judicial authority.

Article 93: In any of the following circumstances, name changes or corrections shall generally be permitted:

1) Both parents or guardians agree to request that the minor child's name be changed;

2) Changing religious and secular names;

3) Where it is necessary to change the child's name for reasons such as adoption or dissolution of adoption, parental divorce or remarriage, and both biological (adoptive) parents agree to the change through consultation;

4) The name or homonym of the name is contrary to public order and good customs or degrading to the body;

5) The name contains an obscure character;

6) The name or homonym of the name is likely to cause confusion between genders, misunderstanding by others, or hurting one's feelings;

7) Having the exact same name as another person in the same school or work unit, causing inconvenience to life or work;

8) Names recorded in the household registration booklet, resident identity card, and population information management system are inconsistent due to mistakes in the work of the household registration organs;

9) Where a woman's original husband's surname is removed from her husband's surname, or her name is changed to her name;

The following documents are required:

1) Resident household registration booklet and resident ID card (except for those under the age of 16);

2) A certificate issued by a school or unit (community, village committee);

3) Proof issued by the parent's unit or community (village committee) (except for those over 18 years old);

4) Investigation reports of community police.

Article 94: Except for women who change their husband's surname and change their name to their name, after the change of name, the original name of the remaining persons shall be retained in the household register as the name they once used.

Article 95: Where cadres and employees of organs, organizations, schools, and other units change their names, they must provide a certificate that the personnel department of the unit to which they belong approves the change.

Article 96: In any of the following circumstances, registration of name changes is not to be handled:

1) Those who are currently serving a sentence or employing criminal compulsory measures;

2) The civil case to which the party is a party has not yet been concluded or enforcement has not yet been completed.

Therefore, the name of the child needs to be changed due to reasons such as divorce or remarriage, and the change can only be handled by the consent of both biological parents.

Hello! The mother has the right to refuse.

The choice is up to the child.

No, the child has the right to decide to change his or her name.

Legal basis: Article 1012 of the Code of the People's Republic of China on Civil Posture Draft: Natural persons enjoy the right to a name, and have the right to decide, use, change, or permit others to use their own names in accordance with law, but must not violate public order and good customs.

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 or mother's surname: (1) selecting the surname of another lineal elder blood relative; (2) The surname of the person who is chosen because he is supported by a person other than the person who is legally supported by the source of support; (3) There are other legitimate reasons that do not violate public order and good customs. The surnames of natural persons of ethnic minorities may conform to their own cultural traditions, customs, and customs.

Legal analysis: When a husband and wife divorce, if the child wants to change his surname, it should be resolved through negotiation between the parents, and the unilateral change of surname is not supported, and if the negotiation fails, it can be resolved by suing the court.

Legal basis: "Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts" 19. Parents must not refuse to pay child support because their children change their 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.

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

If a minor wants to change his or her name, but one of the parents does not agree, then it is not possible to change it. Because parents are required to change their names when minors need to change their names, the parents should apply to the household registration authority. The change of the name of a minor child must be decided by both guardians through consultation.

The parents of both parties should bring the household registration booklets, ID cards, children's household registration books and other materials of both parents to the public security bureau or police station where the household registration is located. In summary, both parents must sign and agree to change the child's name, and the minor child cannot change his or her own name. Of course, you can also wait for the child to reach the age of 18, and the child can handle it in person.

The consent of both parents is not required to change the name after adulthood.

Legal analysis: According to the provisions of relevant laws in China, when a husband and wife divorce, if the child wants to change the surname, it should be resolved through negotiation between the parents.

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 initiate divorce proceedings in 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 a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

Legal Analysis] The father's consent is required for the child to change his surname after divorce. 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) 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.

If the child changes his or her surname after the divorce, the parent raising the child does not have the right to change it alone without the consent of the other party. In other words, the father's consent and the presence of both parents can only change the surname of a child under the age of 16, and the change of the surname of a child over the age of 16 should be approved by the child himself.

Legal basis] Regulations 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 the registration of the change; 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 1015 of the Civil Code of the People's Republic of China: Natural persons shall take their father's or mother's surname.

After a divorce, the father's consent is required for the child to change the surname. 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. Parents must not refuse to pay child support because of a change in the child's surname, and if the child sells his brother for the purpose of raising the child, he or she shall still pay child support.

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

Expansion: The specific procedures for changing the child's name after divorce are as follows:

1. If a person under the age of 18 applies to change his or her surname, his parents or other guardians shall submit a written application to the police station where his or her household registration is located (if they are students, they must provide proof of the school's consent to change their name);

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. If the whereabouts of one of the former parents of a minor child cannot be found, the father or mother shall issue a letter of guarantee or apply to the people's court to declare the other party missing. Where one party obtains a change in the child's name because he or she conceals the fact of divorce from the public security organs, if the other party requests that the child's name be restored and the divorce parties fail to reach a consensus through negotiation, the public security organ shall restore it;

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

1) Minors over the age of 16 but under the age of 18 who rely on their labor income as their main livelihood** shall decide on their own to change their name; If the father and stepmother, or mother and stepfather, request a change of their name, their consent must be obtained;

2) The change of the name of a minor under the age of 10 shall be decided by the father or stepmother, or the mother and stepfather;

3) If a citizen over the age of 18 applies for a change of name, he or she shall submit a written application to the public security police station where his permanent residence is located with his or her legal and valid identity documents and relevant certificates of the unit (village).

Legal basis

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

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.

Where 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, the public security organ may refuse to accept it, and if one party obtains a change in the child's name because he or she concealed the facts of the divorce from the public security organ, if the other party requests that the child's original name be restored and the divorced parties fail to reach an agreement through negotiation, the public security organ shall restore it. It is advisable for divorced couples to negotiate a resolution of the change of their children's names, preferably by agreement. The specific procedures for changing the child's name after the 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 (if they are students, they must provide proof of the school's consent to change their name) Yu Shan;

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 the other parent has remarried, 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. Minors over the age of 16 but under the age of 18 who rely on the party's labor income as their main livelihood** must obtain their consent if their father and stepmother, or mother and step-father request to change their name. Where the father and stepmother, or the mother and stepfather, request a change in the minor's name through consultation and consent, the consent of the person concerned shall be obtained.

Civil Code of the People's Republic of China

Article 1015: [Natural Persons Choose a Surname] Natural persons shall follow their father's or mother's surname, but in any of the following circumstances, they may choose a surname other than their father's or mother's surname:

1) Select the surnames of other lineal elders' blood relatives;

2) The surname of the person who is chosen because he or she is being supported by a person other than the legal person who is the person who is 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.