Give your child a name and not violate the public order and good customs

Coinciding with the graduation season, Xiao Fa followed the new "little aunt" Deng Jiajia in many recent dramas to experience "Hurrying Youth" together.

In this drama, the role played by Deng Jiajia is Zhao Zuozuo, and he is in love with Jiang Xiaoyu played by Li Jiahang. The two wanted to marry the scene after the graduation ceremony. Unexpectedly, the parents of both parties arrived and resolutely stopped.

In order to prevent them from getting naked and naked, Zhao Zuozuo's mother made a request: If Jiang Xiaoyu still could not give a set of gift money after a year, then the first child of the little couple would have to be with Zhao Zuozuo "Zhao Zhao ", And the words are based.

Xiaofa was stunned: determine the child's surname as a condition. Is this word be legal?

Xu Wenzhong, a lawyer of Xinjiang Jin Shicheng Law Firm, said that the law stipulates that in principle, the natural person is followed by his father or mother's surname.

In my country's traditional customs, the child's name is a sustenance of culture such as blood, so the selection of names involves public order and customs.

In most cases, children have more surnames with their father, and some families choose to let the child follow the surname of the mother. But in all, after the child is born, the name is determined by the consensus of both parents.

In the play, the two sides determine the child's surname's ownership based on the gambling contract, which violates the public order and customs. Therefore, this word has not been legally effective.

After Zhao Zuozuo's child was born, in order to give the child a good name, parents on both sides once again caused controversy.

One party believes that the child's name is particular, and according to the situation of the child's birth, it should be cited to give a meaningful name according to the classics; and the other party believes that the child's name should reflect the science and modernity. unnecessary trouble. Zhao Zuozuo and Jiang Xiaoyu were sandwiched in the middle, dilemma.

The child is named, do you want to take whatever you want?

Xu Wenzhong, a lawyer of Xinjiang Jin Shicheng Law Firm, said that the name will accompany the child's life. To some extent, the name is different from the "labels" that distinguish between others. For this reason, it is legal that the name right is part of the personality right.

In real life, there are many cases named news for children. For example, some parents want to join the English letters in their children's names; some parents are named "Beiyan Yunyi" because they love poetry culture and do not follow their surnames, nor do they follow their surnames; The game named the child "Glory of the King".

The Civil Code of my country stipulates that natural people have the right to name their names and have the right to decide, use, change, or license others to use their names in accordance with the law, but they must not violate public order and customs. This is also due to the protection of children's personality.

When choosing and deciding for their children, parents should also abide by the relevant provisions of the Civil Code, and at the same time, in the social customs and moral scope, they choose the name with a beautiful meaning for their children.

Sure enough, after the child was born, Jiang Xiaoyu's mother regretted it, and suggested that his son secretly changed his grandson's surname to "Jiang" when he got a hukou for his grandson. Xiaofa can't help but ask: Secretly changing the surname to the child, is it illegal?

Xu Wenzhong, a lawyer of Xinjiang Jin Shicheng Law Firm, said that it was illegal. The child's name should be determined by the child's parents, and no one has the right to change the child's name without authorization.

Not only that, the child's parents divorced, and either party has no right to change the surname to the child without authorization.

According to the relevant spirit of the Supreme People's Court's "Reunion on Change the Surnames of Children" ([81] Fa Min No. 11), one of them requested the name of the child's name without negotiation or negotiation without consensus. Public security organs can refuse to accept; if one party obtains a change of child name because of the concealment of the fact that the divorce facts are concealed to the public security organs, if the other party requires the restoration of their children's original name and the divorce parties will not be negotiated, the public security organs shall restore it.

After the divorce, the child changed his surname. If he did not pass the other party's consent, he had no right to change it alone.

So, what can I do if I have to change my surname?

Xu Wenzhong, a lawyer of Xinjiang Jin Shicheng Law Firm, introduced that the law stipulates that adult children have the right to change their names by themselves, and the names of minor children must be determined by both parents. If the child is 8 years old, he needs to solicit the child's opinion.

In real life, when applying for such business, the household registration agency generally requires the signature of both parents, otherwise the parents cannot change their surnames unilaterally.

Children are the hope and future of a family. Each family member wants to provide intelligent support for the child's name and devote his care. Xiaofa hopes that through this interpretation, more family rationality can be renamed for children, avoid unnecessary troubles for naming, allow children to gain more care of family members and make the family more harmonious. (Zhang Xiu, a reporter from the Xinjiang Legal System Newspaper)

- END -