After divorce, if the mother wants to change her child's last name, does she need the father's consent?

Ms. Le Thi Thu (32 years old, living in Ho Chi Minh City) said she has been divorced for 6 years, her 8-year-old child is living with her mother. Now she wants to change her child's surname from the father's to the mother's, but she is not sure how the law regulates this.

Answering the above question, lawyer Nguyen Thi Phuong (Director of 24H HCMC Law Firm) said that the right to have a surname and given name is a very important personal right for each individual. The surname and given name exist from the moment each person is born.

According to Clause 1, Article 26 of the 2015 Civil Code, individuals have the right to have a full name (including a middle name, if any). A person's full name is determined by that person's given name at birth.

For many personal and social reasons, a mother wants to change her child's surname, from the father's to the mother's. From the perspective of a person working in the legal field, the female lawyer pointed out the current legal regulations on the right to change the child's "surname".

Regarding the right to change "Last name", Point a, Clause 1, Article 27 of the 2015 Civil Code stipulates 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".

Article 26 of the 2014 Law on Civil Status stipulates the scope of civil status changes including:

"1. Change the 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.

Changing information about father and mother in the registered birth certificate after being adopted according to the provisions of the Law on Adoption".

Clause 1, Article 7 of Decree No. 123/2015/ND-CP stipulates:

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 9 years of age or older, that person's consent must also be obtained .

The right to change the child's surname is a basic right of parents. However, in the case where the mother wants to change the child's surname from the father's surname to the mother's surname, the father's consent must be obtained and clearly stated in the application form for registration of change or correction of household registration when carrying out the procedure. In the case where the child is 9 years of age or older, the child's consent must be obtained to change the surname.

Regarding the authority to resolve, Ms. Phuong said that if the surname of a child under 14 years old is changed, the authority to resolve it belongs to the People's Committee of the commune where the child's birth was previously registered or where the child resides. If the child is 14 years old or older, the authority to resolve it belongs to the People's Committee of the district.

The profile in the specific case of the mother who wants to change her child's surname as mentioned above must include: Application form for registration of change, correction, addition of civil status information, re-identification of ethnicity according to the form; Birth certificate; Citizen identification card or identification code.

Source: https://dantri.com.vn/an-sinh/hau-ly-hon-me-muon-doi-ho-cho-con-co-can-su-dong-y-cua-cha-20241011152240062.htm