After a divorce, many mothers want to change their children’s family names to their own or new husband’s. There are many questions on changing the child’s family name and one of the most common questions is changing the child’s family name without the ex-husband’s consent. In this article, Lac Duy & Associates will answer for readers about the above case.
1. Right to change family names
Article 27.1 (a) of the Civil Code 2015 stipulates that: “A parent has the right to request a competent authority to change of a family name of a natural child from biological father’s to biological mother’s or vice versa”.
Thus, according to this provision, the mother has the right to change the family name for her child from the father’s family name to the mother’s family name.
2. Can a mother change her child’s family name without the father’s consent?
According to Article 88.1 of the Law on Marriage and Family 2014, a child who is born or conceived by the wife during the marriage period is the common child of the husband and wife. Therefore, the parents have rights and obligations towards their children even if they divorce or terminate their marital relationship. Although the parents are divorced, it does not lose the husband’s rights and obligations towards the common child.
On the other hand, Clause 1, Article 7 of Decree 123/2015/ND-CP stipulates the conditions for correction of civil status affairs as follow:
“An application for change of full name of a person less than 18 years of age prescribed in Clause 1 Article 26 of the Law on civil status shall be subject to his/her parents’ consent which is specified in such application. An application for change of full name of a person aged 9 or older shall also be subject to his/her consent”.
Accordingly, after a divorce, the mother wanting to change her child’s family name must have the ex-husband’s consent, which is clearly shown in the declaration of change. This is a mandatory requirement to change the child’s family name. If the ex-husband does not agree, the wife cannot change the child’s family name. In addition, if the child is 9 years old or older, the child’s consent to change his or her family name is also required.
Above is the necessary information about the procedure to change the child’s family name. In case, need detailed or other information in related fields, readers can contact Lac Duy & Associates for timely advice and support. Best regards.