After the divorce, can the person raising the child change the name of the child without authorization?

Some time ago, I received such an inquiry. Ms. Wang and Mr. Zhang divorced two years ago, and her daughter (5 years old) was raised by Ms. Wang. After the divorce, the conflict between the two parties was very deep . Now Ms. Wang wants to change her daughter Zhang Xiaohui to Wang Xiaomeng, but Mr. Zhang does not agree. Ms. Wang changed her daughter s name to Wang Xiaomeng by concealing the facts and unblocking the relationship. Mr. Zhang angrily refused to pay for his daughter s upkeep, and both parties had to confront Bo Gongtang. So, after the divorce, does the party raising the child need to obtain the consent of the other party? What if they do not agree? If one party changes the name without permission, can the other party refuse to pay the maintenance fee??

In fact, for similar situations, the law also expressly stipulates. The Ministry of Public Security s Reply on Issues Related to the Change of Children s Names After Parents Divorce. If one of the parties to the divorce fails to reach an agreement without consultation or negotiation, and one of the parties requests the child s name to be changed, the public security organ may refuse to accept it; In fact, if the change of the child s name is obtained, if the other party requests the restoration of the original name of the child and the divorce parties fail to negotiate, the public security organ shall restore it. In practice, there are three other situations. One is that the child is already a person with full capacity for civil conduct. At this time, the child can make his own choice as to who the surname and name are, and others must not interfere. The second is that the child is a person with limited civil capacity (10 years of age or older). Parents should consider their opinions when changing their names. At this time, the choice and decision made by the child on his or her own name becomes an important basis for the court to hear such cases. Third, the children are completely incapacitated (under 10 years of age). After divorce, the name change of the child must be agreed by both parties, and one party cannot change it without authorization. If one party changes it without permission, the other party may go to the public security organ to request the restoration of the child s original name.

Therefore, in the above case, Ms. Wang cannot unilaterally change the name of the child, and Mr. Zhang has the right to ask the public security organ to restore the child s original name. Of course, Mr. Zhang cannot use this as an excuse to refuse to pay child support. Because these are two different things, even if the child s name changes, she is still your child and has a blood relationship with you. This is a fact that cannot be changed. Article 22 of China s Marriage Law clearly stipulates that children can follow the father s or mother s surname. The surname also indicates a blood or identity relationship. At the same time, surnames are also a sign that citizens are different. The law requires that each citizen must have a name and must declare it. If the surname is to be changed, it must be done in accordance with legal procedures.

Leave a Reply

Your email address will not be published. Required fields are marked *