Can a Child in China Change Their Surname Without the Father’s Consent?
A question about changing a child’s surname has recently gone viral in China.
A minor in Wusheng County, Sichuan, reportedly lives with their mother after their parents divorced. Because the child’s current name is often mocked due to its pronunciation, the child wanted to take their mother’s surname instead.
A household-registration service counter in China. (File photo)
The Wusheng County Public Security Bureau explained that China’s Civil Code allows a person to choose, use and legally change their name. A person may generally use either their father’s or mother’s surname.
However, for a minor, changing the surname normally requires the agreement of both parents.
The police also clarified that a custody judgment only determines which parent has custody. It does not automatically give that parent the right to change the child’s surname without the other parent’s consent.
If the father refuses to cooperate or cannot be contacted, the mother may collect evidence showing that the child has suffered distress or repeated teasing because of the name.
She can then seek a judicial decision. The court would consider the child’s best interests and the specific circumstances of the case. If the court issues an effective judgment approving the change, that judgment can be submitted to the household registration office.
Police staff assist a resident with household-registration paperwork. (File photo)
The police specifically noted that repeated mocking caused by a name’s pronunciation may be considered a legitimate reason to apply for a surname change.
The name-change registration service itself is free, although the family must provide the required supporting documents.
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The case has prompted online discussion about children’s names, parental rights and how much weight should be given to a child’s own wishes after divorce.
This explanation applies to the specific legal and administrative process in China. It does not mean that a parent can automatically change a child’s surname after receiving custody.
Source: Sichuan Legal News
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