Can I change my father's last name to my mother's last name?

Question: My ex-husband and I have been divorced for 3 years. Since the divorce, my ex-husband has not paid child support or visited our 9-year-old child. I would like to ask if I can change my child's last name to my mother's last name?

Reply:

Article 27 of the 2015 Civil Code stipulates the right to change surname as follows:

1. Individuals have the right to request competent state agencies to recognize a change of surname in the following cases:

a) Changing the child's surname from the father's surname to the mother's surname or vice versa;

b) Change the adopted child's surname from the biological father's or mother's surname to the adoptive father's or mother's surname at the request of the adoptive father or mother;

c) When an adopted child ceases to be an adopted child and this person or the biological father or mother requests that the person's surname be restored to that of the biological father or mother;

d) Changing the child's surname at the request of the biological father, biological mother or the child when determining the child's father or mother;

d) Changing the surname of a displaced person who has discovered his or her bloodline;

e) Changing the surname to the wife's or husband's surname in a marriage and family relationship involving foreign elements to comply with the laws of the country of which the foreign spouse is a citizen or to regain the surname before the change;

g) Changing the child's surname when the father or mother changes their surname;

h) Other cases as prescribed by the law on civil status.

2. Changing the surname of a person aged nine years or older must have that person's consent.

3. Changing an individual's surname does not change or terminate civil rights and obligations established under the old surname.

In addition, Clause 1, Article 26 of the 2014 Law on Civil Status stipulates the change of surname, middle name, and given name of an individual in the registered birth certificate when there is a basis according to the provisions of civil law.

Clause 1, Article 7 of Decree 123/2015 stipulates the conditions for changing and correcting civil status as follows: Changing the surname, middle name, and given name for a person under 18 years old as prescribed in Clause 1, Article 26 of the Law on Civil Status must have the consent of that person's parents and must be clearly stated in the declaration; for a person aged 9 years or older, that person's consent must also be obtained.

In addition, Article 28 of the 2014 Law on Civil Status stipulates the procedures for registering changes and corrections to civil status as follows:

1. The person requesting to register a change or correction of civil status shall submit an application form in accordance with the prescribed form and relevant documents to the civil status registration authority.

2. Within 3 working days from the date of receipt of all documents as prescribed in Clause 1 of this Article, if the change or correction of the civil status is found to be well-founded and in accordance with the provisions of civil law and relevant laws, the judicial - civil status officer shall record it in the civil status book, sign the civil status book with the person requesting the change or correction of the civil status and report to the Chairman of the People's Committee at the commune level to issue an extract to the requester.

In case of changes or corrections to civil status related to Birth Certificates or Marriage Certificates, the civil status official shall record the changes or corrections to civil status on the Birth Certificates or Marriage Certificates.

In case verification is required, the deadline will be extended by no more than 3 working days.

3. In case of registration of changes or corrections to household registration not at the place of previous household registration, the People's Committee at the commune level must notify in writing with a copy of the household registration extract to the People's Committee at the place of previous household registration for recording in the household registration book.

In case the previous place of household registration is a representative agency, the People's Committee at the commune level must notify in writing with a copy of the household registration extract to the Ministry of Foreign Affairs to forward to the representative agency for recording in the household registration book.

Thus, in your case, you can request to change your child's surname from the father's surname to the mother's surname. However, changing your child's surname requires the consent of both the father and mother and also the consent of the child (because he or she is 9 years old). At the same time, changing your child's surname does not change or terminate the civil rights and obligations established under the old surname. The procedure and agency for registering a surname change are as prescribed above.

Minh Hoa (t/h)

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