If the man does not agree to the surname of the child after the divorce, what should he do?

If you want to change the child's surname after the divorce, but the man does not agree, the two parties can negotiate and then produce some written materials. If your child is over 10 years old, you must also seek your child's opinion. If the child is over 18 years old, then the child's consent must be obtained before the modification can be made.

At the same time, you must also bring the household registration book and other documents to the place of household registration to handle it, and only after both parties sign and change the surname and name. You must know that in fact, one party does not have the right to change the child's surname and name, and the household registration agency will not handle such procedures. <>

If one party does not agree to change the name and the other party forcibly handles it, then the household registration office will handle it, and the corresponding legal responsibility must be borne. In fact, after many couples divorce, the most direct way is to change the name of the child, and then there will be a lot of disputes in the process of changing the name. You must know that parents change their names just to let their children sever some relationships with the other party from the essence and even the root, but even if they change their names, it is difficult to change some relationships, after all, the children are together.

A name is just a title, even if both parents are divorced, they can't part with their kinship. At the same time, like the divorce of both parents, this kind of thing does not necessarily have to be obsessed with changing the child's name, otherwise it will leave a certain trauma on the child's soul. Children will wonder why their parents divorced and they have to change their names for so long.

So some parents can essentially understand the wishes of their children, after all, a name is just a title. <>

If the name change does not have much impact on you and you do not have the consent of the other party, then you do not need to change it. So it can also be seen that in fact, in order to reduce the trouble, many things are quite convenient to solve, so everyone can maintain a rational state to look at the name change.

According to the provisions of the General Liability Section and the Family and Marriage Section of the Civil Code, natural persons enjoy the right to a name in accordance with the law, and the surname of a minor child may follow the father's or mother's surname. Thus, if the child's surname is changed to the mother's surname after the divorce of the couple, this is also a right of the divorced party (father or mother). As long as the name chosen does not violate public order and good customs, does not harm the public interest, and is conducive to the healthy growth of the child, the divorced woman may change the surname of the legitimate child to her own surname.

However, it is not permissible to change the child's surname to the stepfather's surname.

If the woman with guardianship changes the name of the legitimate child without the consent of the man, although the act is improper, it is not restricted by law. However, it is advisable to change the child's name after consulting with the child's biological father and signing a written consent document.

Civil Code of the People's Republic of China (Law).

Article 110Enjoyed by natural personsThe right to life, the right to body, the right to health,Right to name, portrait rights, reputation rights, honor rights, privacy rights, marital autonomy and other rights.

Legal persons and unincorporated organizations enjoy the right to name, reputation and honor.

Article 990:Personality rights are rights enjoyed by civil subjects, such as the rights to life, body, health, name, title, portraiture, reputation, honor, and privacy.

In addition to the personality rights provided for in the preceding paragraph, natural persons enjoy other personality rights and interests based on personal freedom and personal dignity.

Article 1015: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 the 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.

Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family (I) (Fa Shi 2020 No. 22).

Article 59:Parents must not refuse to pay child support because their children have changed their surnames. Where a dispute arises from a parent changing the child's surname to the stepmother's or stepfather's surname without authorization, the original surname shall be ordered.

Then this matter should be resolved through the law, because now that the divorce is now, the child can change his surname.

This provision is obviously unfavorable to the woman, because most of the children are born with the father's surname, and the custody belongs to the woman after the divorce, and the child is not sensible, and after the woman remarries, she does not follow neither the mother's nature nor the father's surname, will she not be discriminated against and ridiculed when she goes to school?

If the man does not agree, then it is basically impossible for the child to change his gender, and if he really wants to change his surname, he can only wait for the child to change after he reaches the age of 18.

At this time, you can sue through the law, and you can also communicate with the man, don't think about it.

[Legal Analysis].

After the divorce, one party cannot change the child's name at will, and if you want to change the child's name, you first need to negotiate with the child's biological father and need the other party's written consent to prove the evidence. Specifically, if the child is over 18 years old, the child's consent is also required. Secondly, you also need to bring your household registration book, ID card, child's household registration book, divorce certificate and other materials to the public security bureau or police station where your household registration is located.

Both parties must sign before the child's name can be changed. Otherwise, one party has no right to change the child's name. If the parties to the divorce have not negotiated or have not reached an agreement through negotiation, and one of the parties requests to change the name of the child, the public security organ may refuse to accept it.

If one party changes the child's name because he or she conceals the divorce from the public security organs, 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 original name. In short, after a divorce, one party who wants to change the name of the child needs to get the consent of the other party.

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/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.

If the father does not agree to the child's change of surname after the divorce, then the child must not change his surname. The law states that after a child's parents divorce, neither parent has the right to change the child's name without permission. If a dispute arises from a mother who changes her child's surname without authorization, she shall order her to restore her original surname.

At the same time, the law also stipulates that the father of a child may not refuse to pay child support because of the child's change of surname.

Article 1084 of the Civil Code of the People's Republic of China provides that the relationship between parents and children shall not be extinguished by the divorce of the parents. After the divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or the mother. After the divorce, parents still have the right and duty to raise their children, teach them to be aborted, and protected.