According to Article 22 of my country’s Marriage Law:
“Children can take their father’s surname and their mother’s gender.”
This is very clear. The answer to this question is given. This is a regulation that eliminates husband's power, breaks the feudal custom of male superiority and female inferiority, and establishes women's status in the family. For a long time, children have been regarded as the blood and descendants of the paternal family, and the children's surnames are stipulated to follow the father's surname.
However, with the development of society, women's rights and status have received more and more attention, so the number of cases requiring children to follow their mothers is also increasing. This provision of the Marriage Law reflects the principle of equality between men and women.
The Constitution, Civil Law and other relevant laws do not clearly stipulate whether children should take their father's surname or their mother's surname. Only the Marriage Law stipulates that children can take their father's surname or their mother's surname. Therefore, the surname of a child should be determined through equal consultation between husband and wife. This reflects the principle of "equality between men and women" in the Marriage Law and the equal status of husband and wife in the family under the Marriage Law.
The 99th "General Principles of the Civil Law" stipulates: "Citizens enjoy the right of name and have the right to decide, use and change their names in accordance with regulations, and others are prohibited from interfering, misappropriating or counterfeiting."
Therefore, when children reach adulthood, they can choose to take their father's or mother's surname, or even decide not to take their father's or mother's surname. Minor children have no capacity for civil conduct or have limited capacity for civil conduct. Therefore, their surnames can only be decided by their parents through consultation, and they have no right to choose their own surnames.