When a couple get divorced, usually the kid will live with the dad or mum. Then question comes:
1. Can the parent change the kid’s name without permission of the other party?
Article 16 of Marriage Law of the PRC stipulates that: children may take the surname of their father or mother. Generally speaking, a baby’s name is determined by the parents, so the change of the child’s name should also be agreed upon by both parents, neither party has the right to change the child’s name without permitted by the other party.
According to the Reply from the Supreme People’s Court’s on the Issue of Changing a Child’s Surname, local public security bureau may reject the request by one of the parents to change the kid’s name without the other party’s permission. Where one party changes the name of a child by concealing the fact of the divorce from the public security bureau and if the other party requests that the original name to be restored, the public security bureau shall restore it.
In conclusion, after divorce, the parent who live with the child has no right to change the surname alone. Even if it is changed, the other party has the right to request the original name to be restored.
2.If the parent changed the child’s name without permission of the other party, can the other party refuse to pay alimony?
Article 37 of the Marriage Law of the PRC stipulates that: after divorce, if it’s decided that the child live with one parent, all necessary living and education expenses shall be borne by both parents, and the amount of expenses to be borne and the length of the period shall be agreed upon by the two parties, that’s both parents’ duty and responsibility.
No parent is allowed to refuse to pay these expenses based on the fact that the other party has changed the child’s name without his/her permission. He/she can solve the “name” issue legally, but it is irrelevant to his/her duty as parent to support the child financially.
3. How to change Child’s surnames after divorce?
According to related laws, children can take their father’s/mother’s surname. Any adults have the right to change their own names, however, the change of any juvenile’s names must be decided by both parents.
If either parent wants to change the child’s surname, he/she needs to consult with the child’s biological father/mother to get a written consent. If the child is older than 10 years old, it is also necessary to seek the child’s opinion.
The parent needs to bring both his/her and the child’s household registration book, his/her ID card, and other materials required to the local public security bureau where the household registration is located. Signature of both parties on the application will be required before change of the name is approved.
