Can a child be named after his or her parents’ surname?
Can a child be named after his or her parents’ surname? Most people choose names that have profound meaning or are relatively different. The word or word, because the name is a way for others to know and identify oneself, but some people will ask, can the child be named after his parents' surname? Can a child be named after his or her parents? 1
A child’s surname does not need to be that of his parents. Our country’s law does not mandate that a child’s surname must be that of a particular parent. In principle, citizens should take their father's or mother's surname. If one of the following circumstances occurs, they can choose a surname other than their father's or mother's surname:
(1) Choose the surname of other direct elders by blood relatives;
p>
(2) The surname of the supporter is chosen because he is raised by someone other than the legal supporter;
(3) There are other legitimate reasons that do not violate public order and good customs.
What procedures are required to change the name of a child?
Procedures:
① Written application report;
② Resident household registration book and resident ID card;
③ Those who meet the processing conditions Relevant supporting materials.
Processing conditions:
If a citizen applies to change his or her name and is a minor, both parents or guardians of the minor must reach consensus and be present together; If an adult changes his or her name, his or her consent must be obtained.
(1) If you have any of the following circumstances, you can apply to change your surname:
① If the surname is changed between the father's surname and the mother's surname due to blood relationship ;
② The surname is changed due to adoption;
③ The minor child changes his surname due to the divorce or remarriage of his parents;
④ The public security agency believes that the change is really necessary Other circumstances of the surname.
(2) If one of the following circumstances occurs, you can apply to change your name:
① The name or the homophony of the name violates public order and good customs;
② The name or name The homophonic pronunciation of the name is likely to cause gender confusion, misunderstanding by others, or hurt one's feelings;
③The name contains uncommon characters;
④Other circumstances when the public security organ deems it necessary to change the name.
(3) The name change of a minor whose parent has died and the other parent has remarried shall be handled according to the following circumstances:
① Those who rely on their labor income as their main source of living. Minors who are over six years old but under eighteen years old can decide on their own to change their names; if their father and stepmother, or mother and stepfather apply to change their names, they must obtain their consent;
② If the father and stepmother of a minor over ten years old, or the mother and stepfather, after consultation and agreement, apply to change the name of the minor, their consent must be obtained;
③ Minors under ten years old The name change shall be decided by consensus between the father and stepmother, or the mother and stepfather.
(4) Name change registration will not be allowed if one of the following circumstances occurs:
① Those who are serving a sentence or being reeducation through labor or taking criminal compulsory measures;
②The civil case to which he is a party has not yet been concluded or execution has not been completed;
③The minor whose parents have divorced changes his name and the parents fail to reach an agreement;
④Change of name Or correct the date of birth within three years.
Processing procedures: After the police station accepts the application, it will be processed after investigation and verification and reported to the county (county, district) bureau for approval.
Can a child not be named after his parents? 2
If the child does not take the father’s or mother’s surname, it goes against the inheritance of the family name, and the child’s sense of security and belonging to the family will be reduced; when the surrounding people The students discovered that the child does not have the same surname as his parents, but has his own unique surname. Some children will laugh at him, thinking that he has no blood relationship with his parents. The child will experience some ridicule, and in the long run the child will easily develop an inferiority complex.
In principle, children should take their father’s or mother’s surname.
The legal provisions formulated by the country, including the General Principles of Civil Law and the Marriage Law, mention the right to name. In principle, citizens should take their father’s surname. or maternal surname. Among them, paragraph 1 of 99 of the General Principles of the Civil Law stipulates that citizens enjoy the right of name and have the right to decide, use and change their names in accordance with regulations. When some people see this provision, they regard the right to name as a personal right and believe that they can choose the surname they want according to their own wishes.
But for us, the surname is the inheritance of a family, representing the bond between family members and reflecting the cohesion of a family. Whether a child takes his father's surname or his mother's surname is based on ethics to a certain extent, and most people in society follow this rule.
Professor Xia Yinlan of China University of Political Science and Law once expressed his opinion on this. The issue of the right to name in the General Principles of Civil Law is a protective provision, focusing on stating that citizens have a name; the Marriage Law is an empowering provision, focusing on explaining Parents have the right to coordinate their children's surnames.
Parents have reasons to choose other surnames besides the two.
The country’s draft law stipulates that taking into account other circumstances, citizens can also choose a surname with legitimate reasons. Other surnames. There are three options for choosing a surname. First, use the surname of other direct elders. Second, the custody of the child is not in the hands of the biological parents, and the adopted child should follow the surname of the adopter. Third, ethnic minorities may have folk customs. If the folk customs are inconsistent, the surname can be chosen according to the cultural traditions and customs of the nation.
Surnames have different meanings to us, and the staff of the public security agency will not approve your application just for any reason. The degree of freedom to choose a surname needs to be grasped well. If some thoughtful people are allowed to do bad things by changing their surnames, they may even use it to escape the mistakes they have made and distance themselves from their family ties. Regarding surnames, children taking their parents' surnames can reflect the cohesion of a family, and children will also have a sense of belonging to the family. Can the child be named after his parents’ surname? 3
Whose surname should the child follow? ——In principle, the child should take the father’s or mother’s surname.
Whose surname will the child take?
/p>
Paragraph 1 of Article 99 of the General Principles of the Civil Law stipulates that citizens enjoy the right of name and have the right to decide, use and change their names in accordance with regulations. Some people believe that the right to name is a private right, and they can choose any name without restriction.
But in fact, surnames reflect blood inheritance, ethical order and cultural traditions, and citizens’ choice of surnames involves public order and good customs. Xin Chunying, deputy director of the Legal Affairs Committee of the Standing Committee of the National People's Congress, said in an explanation to the conference on the 27th: "Citizens taking their father's or mother's surname has a profound ethical foundation in our country and is generally followed by society. It is also an important manifestation of our country's surname culture and should be ”
“Now, the family is still the cell of society and is responsible for many important functions.” Yang Dawen, a professor at the Law School of Renmin University of China, believes that in this case, taking the father’s surname or Mother's surname can enhance family cohesion, maintain parent-child relationships and intergenerational relationships.
Xia Yinlan, a professor at China University of Political Science and Law, pointed out that on the issue of name rights, the General Principles of Civil Law are protective provisions, focusing on stating that citizens have the right to names; the Marriage Law is an empowering provision, focusing on stating that parents have the right to negotiate for their children There is no contradiction between the two surnames.
Can children not take their parents’ surnames? ——Choose another surname for legitimate reasons
Can a child not take the father’s surname or the mother’s surname?
The draft stipulates that taking into account the actual social situation, citizens can also choose other surnames if they have legitimate reasons. This includes choosing the surname of other direct elder blood relatives; choosing the surname of the caregiver because the person is being raised by someone other than the legal caregiver; and there are other legitimate reasons. Citizens of ethnic minorities can choose a surname based on the cultural traditions and customs of their own ethnic group.
In real life, parents often choose a surname for their children other than the father’s surname and the mother’s surname. A household registration policeman told reporters that he had encountered parents who changed their surnames because their fathers participated in the revolution, but wanted their children to return to their ancestral surnames; others who had received favors from others wanted their children to take the benefactor's surname; In some cases, in order to continue the incense in the grandma's family, the children are changed to take the grandma's surname.
“Young people are more open-minded about choosing surnames. They believe that choosing a nice name is a reflection of the pursuit of beauty.” A survey of students by Tong Jianjun, associate professor at the School of Social Sciences Education at Sun Yat-sen University, showed that, 66% of students agree that citizens can not take their father's or mother's surname; more than 10% of students are willing not to take their father's or mother's surname.
How big is the "opening" for the surname of your choice? ——Scholars suggest making a “negative list”
How wide can one choose to freely choose a surname? How to avoid the social management troubles caused by freely choosing a surname?
Some experts believe that having children take their parents’ surnames is conducive to the orderly progress of identity management. It cannot be completely prohibited for citizens to choose a foreign surname, but the choice must be made appropriately.
Jiang Qiutao, a deputy to the National People’s Congress and full-time deputy chairman of the Hunan Provincial Committee of the Peasants and Workers Democratic Party, believes that completely liberalizing the choice of surnames may not only violate public order and good customs, but may also have a greater impact on social management. For example, some citizens use changing their surnames to avoid criminal penalties or debts, causing obstacles to the investigation work of the public security organs or the execution of court judgments.
Some scholars suggest that stricter and clearer restrictions should be made on "choosing a surname other than the father's and mother's surname" and adding prohibitions on citizens choosing surnames, so as to facilitate the public security organs' accurate name registration work. grasp.
Jiang Qiutao also believes that the legislative regulation of the selection of surnames should not only clarify the circumstances under which citizens can choose a third surname, but also list a "negative list" to clarify the circumstances under which third surnames cannot be chosen. surname to avoid leaving legal loopholes for criminals and others.
Are weird names OK? ——Social morality should be respected
The person named Li changed his surname to "Muzi"; the person named "Ma" changed his surname to "Guanglin"; some people named their sons "Ouyang Chenggong strives to become strong", and some people named their sons "Zhao" C”…are these unconventional first and last names okay?
This draft interpretation makes it clear that citizens enjoy the right to name in accordance with the law. When citizens exercise their right to name, they must also respect social ethics and must not harm the interests of the public.
The selection of names also needs to be standardized. Ma Yinan, vice president of the Marriage and Family Law Research Society of the China Law Society, said: "Names are symbols that distinguish people and also provide convenience for communication between people. Names that are too weird often fail to realize the true meaning and function of the name. , It will also bring inconvenience to yourself and others."
Xiao Diming, director of the Legal Affairs Committee of the Standing Committee of the Hunan Provincial People's Congress, pointed out that the functions of "surname" and "first name" are not exactly the same, and the selection of "surname" It should be strictly restricted, and the parties should be given greater freedom in the selection of "name".