The child was awarded to the woman during the divorce, and I want to change the child's surname to my own. What should I do?

After two prosecutions, A Min finally got her wish and decided to divorce. His daughter was also awarded to himself, and his son was awarded to the man. The two did not bear the child support for each other. Although A Min also felt sorry for his son, he still had to accept the verdict himself. Unless the other party agrees, the court cannot award both children to one person. And both parents in rural areas can accept this result. In contrast, the children's grandparents have taken care of their daughters for a long time since childhood, and they have deep feelings for their daughters and are willing to help them take care of their daughters. A Min breathed a sigh of relief and finally started a new life. He can concentrate on his work to make money and give his daughter a good education and life as much as possible.

Divorced for more than a year. Recently, my daughter always asks herself: How can I have two surnames? My grandparents asked me to write my name and this surname, but why is that surname in the household registration book? A Min was speechless, and the child was too young to understand. This really doesn't explain clearly. Parents always let their daughters call their names here out of affection for their children, but they used the man's surname when registering.

A Min is very upset. Seeing that her daughter is about to enter the first grade, it is impossible for her to apply for a school. Kindergarten doesn't matter, there is no student status. Although I talked to my ex-husband many times in private, he just refused to change his daughter's surname. A Min has been to the police station many times, and the attitude of the police station is very firm: children can't change their surnames without the consent of both parents.

What shall we do? A Min can only turn to his familiar lawyer friends for help. According to the traditional custom of our country, the children born to both husband and wife after marriage will take the man's surname in most cases, and some cases, such as inserting the door backwards, may take the woman's surname. But no matter who the surname is, once the two parties divorce, they will think about changing their children's surnames, or their own surnames, or the surnames of remarried people.

In life, many divorced people, mostly women, will encounter this situation. Either because of the needs of life, or because parents like A Min want to do this, or because they are angry with the man, or even because the man is too jerk, then women (of course, there are men in some cases) will try their best to change their children's surnames.

Like A Min, I thought that the custody of the child was awarded to me, and I didn't need the man to bear any expenses for raising the child. I worked hard to bring up my children and let them take their surnames. This is what I should do. A Min's parents also think that domestic children are divorced, and it is normal for children to have our surnames.

However, when I went to the police station in my jurisdiction to change my surname, I was told by the police station that I could not handle it. I need the parents to agree to change their surnames!

According to Article 22 of the Marriage Law of the People's Republic of China, children can take their father's surname or their mother's surname. Therefore, under normal circumstances, after the child is born, the child's name is determined by both parents through consultation, so the change of the child's name should still be agreed by both parents through consultation. If parents divorce, neither party can change the child's name without mutual consent.

Therefore, under normal circumstances, one party cannot change the child's surname. Of course, in reality, some people will play some tricks to deceive the public security organs, so as to achieve the purpose of changing their children's surnames.

However, according to the spirit of the Supreme People's Court's "Reply on Changing Children's Surnames", if a divorced party requests to change their children's surnames, the public security organ may refuse to accept them without consultation or negotiation. If one party obtains the change of the child's name by concealing the fact of divorce from the public security organ, and the other party requests to restore the child's original name, if the divorce parties fail to negotiate, the public security organ shall restore it.

Therefore, it is not feasible to change a child's surname through improper means. So like A Min, there is no way to change the child's surname? No, there is a good way and the only way, that is, try to get the consent of the other party before changing the child's surname. This method is simple, but it is often the most difficult.

Finally, parents can make decisions for their children, that is, once the child reaches the age of 18, it is his own right to change his surname, and no one can interfere. He can apply for the surname he wants, as long as he wants it, as long as the changed name does not violate the mandatory provisions of the law.