Children can take names without their parents' surnames. Most of them will choose words or words with profound meanings, or different names, because names are a way for others to know and identify themselves, but some people will ask children if they can not take their parents' surnames.
Children can take names without their parents' surnames. 1 Children's surnames can be named without their parents. Our country's law does not stipulate that children's surnames must be followed by one party's surnames. In principle, citizens should take their father's surname or mother's surname. In any of the following circumstances, you can choose a surname other than the father's surname and the mother's surname:
(a) Choose the surnames of other immediate elders;
(2) Choosing the surname of the supporter because of the support of a person other than the legal supporter;
(three) there are other legitimate reasons that do not violate public order and good customs.
What is the procedure for changing a child's name?
Go through the formalities:
(1) A written application report;
(2) Household registration book and ID card;
③ Relevant certification materials that meet the handling requirements.
Treatment conditions:
If a citizen applies for changing his name and is a minor, it shall be agreed by both parents or guardians of the minor through consultation and be present together; Minors over the age of 10 should also obtain their consent when changing their names.
(1) Under any of the following circumstances, you can apply for changing your surname:
(a) the change between the father's surname and the mother's surname due to blood relationship;
(2) changing his surname due to adoption;
(3) minor children change their surnames because of their parents' divorce or remarriage;
(4) Other circumstances in which the public security organ deems it necessary to change the surname.
(two) in any of the following circumstances, you can apply for a name change:
(1) homophonic names or names violate public order and good customs;
(2) homophonic names or names are likely to cause gender confusion, be misunderstood by others or hurt my feelings;
(3) The name contains uncommon words;
(4) Other circumstances in which the public security organ deems it necessary to change the name.
(3) The name change of a minor whose parents died and the other party remarried shall be handled according to the following circumstances:
(1) Minors who have reached the age of 16 but have not reached the age of 18 and whose main source of income is labor decide to change their names independently; If his father and stepmother, or his mother and stepfather apply for a name change, they must obtain their consent;
(2)/kloc-If the father, stepmother, or mother and stepfather of a minor aged 0 or above agree to apply for changing the name of the minor through consultation, their consent shall be obtained;
The name change of minors under the age of 10 shall be decided by their father and stepmother or their mother and stepfather through consultation.
(4) In any of the following circumstances, the name change registration shall not be handled:
(a) is serving a sentence or reeducation through labor, and criminal compulsory measures are taken;
(2) A civil case as a party has not been concluded or executed;
(3) Minors whose parents divorced changed their names and their parents failed to reach an agreement;
(four) change the name or correct the date of birth less than three years.
Handling procedures: After being accepted by the police station, it shall be handled after investigation and verification and approval by the county (county, district) bureau.
Children can take names without their parents' surnames. If the child does not take the father's surname or the mother's surname, which violates the inheritance of the family surname, the child's sense of security and belonging to the family will be reduced. When the students around find that the child has no parents' surnames, but the child has his own unique surnames, some children will laugh at him and think that he is not related to his parents, and the children will experience some ridicule. In the long run, children are prone to inferiority complex.
In principle, children should take their father's surname or their mother's surname.
In the legal provisions formulated by the state, the General Principles of Civil Law and Marriage Law all mention the right to name. In principle, citizens should take their father's surname or mother's surname. Among them, the first paragraph of Article 99 of the General Principles of the Civil Law stipulates that citizens have the right to name and have the right to decide, use and change their names according to regulations. Some people regard the right of name as a personal right when they see this regulation, and think that they can choose their own surname at will.
But for us, the surname is the inheritance of a family, which represents the bond between family members and embodies the cohesion of a family. However, it is ethical for children to take their father's surname or their mother's surname to some extent, and most people in society follow this rule.
Professor Xia Yinlan of China University of Political Science and Law once expressed his views on this. The right to name in General Principles of Civil Law is a protective clause, which focuses on the fact that citizens enjoy names. The Marriage Law is an empowerment clause, which emphasizes that parents have the right to coordinate their children's surnames.
Parents have reason to choose two surnames.
The country's draft law stipulates that citizens can choose other surnames with justified reasons, taking other circumstances into account. There are three options for choosing a surname. One is to use the surnames of other immediate elders and blood relatives; Second, the custody of the child is not in the hands of the biological parents, and the adopted child should take the surname of the caregiver; Third, ethnic minorities may have different folk customs, so they can choose their surnames according to their own cultural traditions and customs.
Surnames have different meanings to us, and it is not just a reason that the staff of public security organs can agree to your application. The degree of free choice of surname needs to be grasped. If some people with ideas can do bad things by changing their surnames, they can even avoid their own mistakes and clear their relationship with their families. As for surnames, the surnames of children and parents can reflect the cohesion of a family, and children will also have a sense of belonging to the family.
Can children be named without their parents' surnames? Who can their children take their last name? -in principle, it should follow the father's surname or mother's surname.
Who is the child's surname?
The first paragraph of Article 99 of the General Principles of the Civil Law and the Draft Interpretation of Article 22 of the Marriage Law under consideration clearly stipulate: "In principle, citizens should take their father's surname or their mother's surname."
The first paragraph of Article 99 of the General Principles of the Civil Law stipulates that citizens have the right to name and have the right to decide, use and change their names according to regulations. On this basis, some people think that the right to name is a private right, and you can choose any name without restriction.
But in fact, surnames reflect blood inheritance, ethical order and cultural tradition, and citizens' choice of surnames involves public order and good customs. Xin Chunying, deputy director of the National People's Congress Standing Committee (NPCSC) Law Committee, said at the meeting on 27th: "Citizens taking their father's surname or their mother's surname has a profound ethical foundation in China and is generally followed by the society. It is also an important embodiment of China's surname culture and should be passed down. "
"At present, the family is still the cell of society and bears 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 the mother's surname can enhance family cohesion and maintain parent-child relationship and intergenerational relationship.
Xia Yinlan, a professor at China University of Political Science and Law, pointed out that on the issue of name right, the general principles of civil law are protective provisions, emphasizing that citizens have the right to name; Marriage law is an empowerment clause, which emphasizes that both parents have the right to negotiate their children's surnames. There is no contradiction between them.
Can children not take their parents' surnames? -there are legitimate reasons to choose other surnames.
Can a child take neither the father's surname nor the mother's surname?
The draft stipulates that, taking into account the actual social situation, citizens can choose other surnames if they have justified reasons. Including choosing the surnames of blood relatives of other immediate elders; Choosing the surname of the supporter because of the support of someone other than the legal supporter; There are other legitimate reasons. Minority citizens can choose their surnames according to their own cultural traditions and customs.
In real life, parents often choose surnames other than father's surname and mother's surname for their children. A registered policeman told reporters that he had met some parents who changed their names because their father took part in the revolution, but hoped that their children would restore their ancestral names; Others, because of the kindness of others, hope to take their children after the benefactor's surname; In order to continue the incense for grandma's family, some changed their children to take grandma's surname.
"Young people are more open to surnames. They think that taking a nice name is the embodiment of pursuing beauty. " A survey by Tong Jianjun, an associate professor at the School of Social Science Education of Sun Yat-sen University, shows that 66% of students agree that citizens don't have to take their father's or mother's surname. /kloc-More than 0/0% of students prefer not to take their father's or mother's surname.
How big is the name "Kouzi"? -Scholars suggest making a "negative list"
How big can I open my mouth if I can choose my surname freely? How to avoid the social management troubles caused by free choice of surnames?
Some experts believe that children with their parents' surnames are conducive to the orderly development of identity management. Citizens' choice of surnames cannot be completely prohibited, but the incision should be appropriate.
Jiang, deputy to the National People's Congress and full-time vice chairman of 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 also have a great impact on social management. If some citizens use surnames to escape criminal punishment or debt, it will cause obstacles to the investigation work of public security organs or the execution of court decisions.
Some scholars suggest that "choosing surnames other than father's surname and mother's surname" should be defined more strictly and clearly, and the provisions prohibiting citizens from choosing surnames should be added, so that the public security organs can accurately grasp the name registration work.
Jiang also believes that in order to legislate and standardize the issue of surname selection, it is necessary to clarify under what circumstances citizens can choose the third surname, and make a "negative list" to clarify under what circumstances they cannot choose the third surname, so as to avoid leaving legal loopholes for criminals.
Fantastic name, okay? -social morality should be respected.
Li changed his surname ""; The surname "Ma" was changed to "Guang Lin"; Some people named their sons "Ouyang Success, Hard Work", while others named their sons "Zhao C" ... Are these unconventional surnames and names ok?
This draft interpretation makes it clear that citizens have the right to name according to law. When exercising the right to name, citizens should also respect social morality and must not harm public interests.
The choice of names also needs to be standardized. Ma Yinan, vice president of china law society Marriage and Family Law Research Association, said: "Names are a sign to distinguish people from each other, and also provide convenient conditions for people to communicate with each other. Too weird names are often difficult to understand the true meaning and function of names, and will also bring inconvenience to themselves and others. "
Xiao, director of the Legal Affairs Committee of the Standing Committee of Hunan Provincial People's Congress, pointed out that surnames and first names have different functions, so the choice of surnames should be strictly restricted and the choice of first names should give the parties greater freedom.