After the divorce, the child changes his surname, and the procedures are all guided! The lawyer teaches you to do it easilyAs a senior lawyer, I often encounter the problem of clients consulting the children to change their surnames after divorce. Today, I will combine relevant laws and regulations and specific cases to give you a detailed answer to what procedures are required for children to change their surnames after divorce, so as to help you easily solve this problem.
First of all, we want to make it clear that it is not a simple matter for a child to change his surname, and it needs to meet certain conditions and procedures. According to Article 1015 of the Civil Code of the People's Republic of China, "a natural person shall take the father's or mother's surname, but in any of the following circumstances, he may choose a surname other than the father's surname and the mother's surname: (1) choose the surname of other lineal elders' blood relatives; (2) The surname of the person who chooses the person who is supported by a person other than the legal person who is the person who is the person who supports them; (3) There are other legitimate reasons that do not violate public order and good customs. The surnames of natural persons belonging to ethnic minorities may be subject to the cultural traditions and customs of their own ethnic groups. Therefore, if a child changes his or her surname after a divorce, he or she must meet the legitimate reasons mentioned in the above provisions, such as the agreement of both parents and the child's independent decision when he or she becomes an adult.
So, what are the specific procedures for a child to change their surname after divorce? Below, I will introduce it to you step by step:
Step 1: Consensus.
Both parents must first agree to the child's change of surname. This is a prerequisite for changing the surname, and if the parents do not agree, the follow-up procedures will not be possible.
Step 2: Prepare the relevant materials.
On the basis of consensus, the following relevant materials need to be prepared:
The child's birth certificate;
The original and photocopy of the ID card and household registration book of both parents;
Original and photocopy of divorce certificate of both parents (if any);
An agreement signed by both parents agreeing to the child's change of surname;
Other supporting materials that may be required (e.g. court judgments, etc.).
Step 3: Submit the application materials.
Submit the relevant materials to the police station or the household registration management department of the Public Security Bureau where the child is registered. When submitting the materials, you need to fill in the "Application Form for Change of Household Registration Contents" and attach copies of relevant supporting materials.
Step 4: Wait for approval.
After submitting the application materials, the household registration management department will review the application materials. If the application materials are complete and meet the relevant regulations, the approval will generally be completed within one month. If there are problems or non-compliance with the application materials, the household registration administration department will ask for supplementary materials or explanations.
Step 5: Collect your new household register.
After approval, the household registration department will issue a new household registration booklet, which will show the information that the child has changed his surname. At this time, the procedures for the child to change his surname have been completed.
Below, I will give a specific example to illustrate this process:
Xiao Wang and Xiao Li are a divorced couple, and they have a 5-year-old child, Xiao Ming. After the divorce, Xiao Wang hoped that Xiao Ming could follow his surname, so he decided to let the child change his surname to Wang. First of all, Xiao Wang and Xiao Li agreed through consensus that Xiao Ming would change his surname to Wang. Then, they prepared Xiao Ming's birth certificate, the original and copy of his ID card and household registration booklet, the original and copy of the divorce certificate, and the signed agreement agreeing to Xiao Ming's change of surname. They then submitted these materials to the police station where Xiao Ming's household registration was located. After a month's wait, they received a new household registration booklet that showed that Xiao Ming's surname had been changed to Wang. At this point, Xiao Ming's procedures for changing his surname have all been completed.
Through this example, we can see that there are certain procedures and regulations that need to be followed for children to change their surname after divorce. Before changing the surname, both parents must agree and prepare the relevant documents. After submitting the application materials, you need to wait for the approval of the household registration management department. Only after passing the approval and receiving a new household registration booklet can the child's surname change be officially completed.
Finally, I would like to remind you that in the process of changing your child's surname, you must comply with relevant laws, regulations and procedures to ensure the legality and effectiveness of the procedures. If you encounter any problems or confusion, it is recommended to consult a professional lawyer or staff of relevant departments for advice and help in a timely manner.
Hopefully, this article will help you better understand what formalities and precautions are required for children to change their surnames after divorce. If you have any questions or need further assistance, please feel free to contact me. I wish you and your family all the best!