Insights

Can Ningbo's child-taking party change its surname without authorization?

Ningbo Author：LuXu WANG

After the divorce, the party with the child wants to change the child's surname, or not let the other party change it, OK? The child's surname change is not a unilateral decision, the law on the minor's name change has a consensus requirement.

Rules for determining the names of 1. children

the surname of the child is generally determined by the parents after the birth of the child by agreement with the father or mother. In principle, the change of the name of a minor requires the consensus of both parents before the registration authority can handle it. Unauthorized changes are usually not supported.

Last name is not a party private

the child's name bears the identity of both parents, and the law does not give the right to change his surname to a single party. Even if they are divorced and are directly raised by one party, they may not change their children's surnames to their own or other surnames without authorization.

Restrictions on the unilateral change of surname in 2. divorce

after divorce, if the direct dependant unilaterally applies to change the child's surname without the consent of the other party, the public security organ will generally not accept it; if it has been handled, the other party has the right to request restoration. This is a common treatment in practice.

1. Concealment of the other party's handling will be corrected.

If the surname is changed through concealment or fictitious materials, it may not only be revoked after discovery, but also affect the subsequent trust and upbringing arrangements. The change of surname is subject to consultation or legal procedures.

2. The right to custody is not equal to the right to decide the name.

Obtainment of direct custody is only a dominant position in daily care and education, and does not mean that the child's surname can be determined unilaterally. The right to a name belongs to the child himself, and is exercised jointly by the parents in the minor stage, and there is no complete right basis for either party to change it alone. This point is best stated separately in the divorce agreement that the change requires written consent of both parties, which can save a lot of subsequent disputes.

3. over eight years old to respect the will

if the child has reached the age of eight, the change of name shall respect his true will. Even if parents agree, they should consider their children's own ideas to avoid resistance caused by enforcement.

Combination of will and statutory conditions

the wishes of children over the age of eight are an important reference, but they still need to meet the parents' negotiation or legal circumstances, and cannot be changed by just a word from the child.

4. ways to restore surnames

if it is found that the other party has changed his surname without authorization, he can first negotiate and restore it; if the negotiation fails, he can apply to the public security organ for correction, or claim to restore the child's original surname through litigation to maintain the stability of the name determination.

Three-step corrective process

the first step is to submit a written objection to the household registration authority handling the change, attaching a divorce judgment or agreement and a statement that it did not agree with. The second step is to require the household registration authority to check whether the materials submitted during the change have proof of mutual agreement. The third step is to apply for correction and restoration after checking and confirming the procedural defects. If neither consultation nor administrative channels work, a separate lawsuit may be filed to confirm that the change is improper.

Two types of joint and several disputes that may arise from the 5.'s unauthorized change of surname

the first category is inconsistency between admission and documentation. After the name is changed, the information such as student status, social security, insurance beneficiaries, and real estate gift registration is not updated simultaneously, and it is easy to be stuck in the links of further studies, reimbursement, and claims. It often takes multiple departments to correct it, and it usually takes 1 to 3 months. month.

The second category is the relationship between the dispute. Although the unauthorized change of surname does not directly lead to the change of custody, it will be regarded as a circumstance that is not conducive to the child's normal contact with the other party. If there are long-term obstruction of visits and concealment of school information, the court will take them into consideration when the other party claims to change the custody relationship.

6. case proof

in practice, the direct dependant changed the surname of the 8-year-old child from the father's surname to the mother's surname without the consent of the other party. The other party raised an objection after finding out. After verification, the public security organ confirmed that the application for change had not been submitted to the materials agreed by both parents, corrected and restored the original surname according to regulations. The whole correction process took about 3 months.

In practice, the child has reached the age of 8 and clearly expressed his willingness to follow the father's surname. Both parents jointly submit an application for change to the household registration authority after written consultation. The materials are complete and do not harm the interests of the child. The name change is handled in accordance with the law. The other party's claim of requesting cancellation on the grounds of ignorance has not been supported.

7. Risk Alert

  • if one party changes his surname unilaterally, the registration authority will not accept it.
  • The concealment process was revoked after it was discovered.
  • Ignoring the wishes of an eight-year-old child.
  • Change your surname as a means of retaliation against the other party.
  • It is not known to request the restoration of the original surname.

8. FAQ

can I unilaterally change my child's surname after divorce?

generally cannot. The change of a minor's surname requires the consensus of his parents, and unilateral applications are usually not accepted.

What if the other party secretly changes?

Can be negotiated to restore, or to the public security organs to apply for correction, litigation claims to restore the original surname.

Is it okay if the child wants to change his surname?

At the age of eight, their wishes should be respected, but parental consultation or legal procedures are still required.

Is the change of surname related to custody?

No direct binding. The change of surname depends on the parents' consultation with the children's wishes, and is not decided unilaterally because of direct support.

The other party secretly changed the child's surname. Can I change it back?

You can. First, submit a written objection to the household registration authority and request to check the change materials. If the change is not submitted with a certificate agreed by both parents, the procedure is incomplete and will usually be corrected and restored. If the administrative channels are blocked, a separate lawsuit may be filed.

Do you need mutual consent if your child wants to change his surname when he is 8 years old?

Parental consensus is still required. The wishes of children who have reached the age of 8 are important considerations, but cannot be used as a basis for change alone. The safest thing in practice is that the parents agree in writing and reflect the true wishes of the children themselves in the application materials.

Practical Experience of 9. Lawyers

after the divorce, the party with the child wants to change his surname to the child, or does not want the other party to change it, can it be decided unilaterally? The answer is no in principle. When a minor changes his name, it usually requires both parents to reach an agreement before the registration authority accepts it. Unauthorized changes are mostly impossible. The surname carries the identity connection between the parents and the child. The law does not give this right to the dependant. Even if the child is directly raised by you, it does not mean that you can decide the name alone.

If the child has a certain age and has his own wishes, he will be considered more when dealing with it, but this does not mean that the child can change as soon as he says it, and the negotiation between parents is still unavoidable. In practice, the correct way is to communicate with the other party first, explain the reasons for the change clearly, and then handle it together after reaching an agreement. If the other party does not agree, the forced operation will not only fail, but may also lead to new disputes-for example, the other party claims to restore the original surname on this ground, or takes advantage of the issue of raising and visiting.

On the other hand, if you find that the other party has changed the child's surname without authorization, don't panic. You can ask the other party to explain the situation and negotiate for recovery; if the negotiation fails, you can claim recovery through legal channels. What is more worth reminding is that such things as changing one's surname are most easily magnified in one's emotions-one wants to take this opportunity to break it clean, the other wants to stick to it as a matter of principle, and it is often the children who are hurt in the end. Instead of fighting over surnames, it is better to focus on raising and visiting these arrangements that really affect the growth of children, straighten out the relationship, and many seemingly thorny disputes will naturally fade away.