When naming a baby, can you create a new surname instead of the father's surname and mother's surname?

Today's young people are full of innovative spirit and dare to challenge the surname culture that has been passed down for thousands of years. The spirit is commendable. When we talk about this topic, we can't bypass a little girl named "Northern Rock Yi Yun" in Jinan. Because of this name, the legal experts of the National People's Congress issued a legislative interpretation of surnames. Awesome!

First, the "Beiyan" surname case In 2009, Mr. Lu, a citizen of Jinan, gave his daughter a poetic name-Beiyan. At the time of household registration, it was from the local Yanshan Sect, so the name "Beiyan" was rejected on the grounds that it did not meet the conditions for household registration, because Mr. and Mrs. Lu and their elders did not have a surname of "Beiyan", nor did they have a surname of "Beiyan".

Mr. Lu refused to accept it. He believes that Article 22 of the Marriage Law "Children can take their father's surname and mother's surname", but it does not prohibit citizens from choosing surnames other than father's surname and mother's surname when naming their children. Therefore, on June 5438+February 65438+July 2009, Mr. Lu filed an administrative lawsuit in the name of the ward "Beiyan" in Lixia District People's Court of Jinan City, becoming the first administrative lawsuit on the right to name in China.

In this case, the local court is also very difficult and does not know how to apply the legal provisions. After the case is suspended, the court shall report to the competent authority (the National People's Congress) for explanation or confirmation. It was not until 20 14, 1, 1 that the National People's Congress Standing Committee (NPCSC) passed the legislative interpretation that the case was resumed.

After trial, the People's Court of Lixia District of Jinan City held that this provision set two essential elements for choosing surnames other than parents' surnames: one is that it does not violate public order and good customs, and the other is that there are other legitimate reasons. The reason why the parents of the plaintiff "Beiyan Yi Yun" created Beiyan as their surname and chose Beiyan Yi Yun as their name to register their daughter's household registration is because "my daughter's name" Beiyan Yi Yun "is taken from the four famous classical sentences in China, which means parents' good wishes to her daughter". This reason for producing surnames based on personal preferences and wishes is obviously arbitrary, which will have an impact on cultural traditions and ethical concepts, not only violating social good customs and general moral requirements, but also not conducive to maintaining social order and achieving benign social control. Accordingly, the court rejected the plaintiff's claim for registration.

Second, legislative interpretation: children should take their father's surname or mother's surname, with three exceptions. According to the legislative interpretation adopted at the 11th meeting of the Standing Committee of the 12th NPC in October, 20 1 1 year, citizens can choose surnames other than their father's surname and mother's surname in any of the following circumstances: (1) choose surnames of other lineal elders and blood relatives; (two) because the dependents are not legal dependents and choose the dependents' surnames; (three) there are other legitimate reasons that do not violate public order and good customs. The surnames of minority citizens can come from their own cultural traditions and customs.

Third, related cases: the red name of "Zhao C" has become history. Zhao C, a native of Yuehu District, Yingtan City, Jiangxi Province, was born in 1986. Yuehu Branch of Yingtan City Public Security Bureau refused to replace "C" as a foreign language. To change the "Second Generation Certificate", the Chinese and English combination names must be changed. For the right of name, Zhao C brought the Yuehu Branch of Yingtan Public Security Bureau to court. The case was called by the media as "the first case of China defending the right to name through litigation". The court ruled in the first instance that Yuehu Branch allowed Zhao C to apply for a second-generation ID card in the name of "Zhao C". After the verdict, Yuehu Branch filed an appeal. During the second trial, the two sides reached a settlement through consultation, and Zhao C was renamed.

Fourth, related cases: it is difficult to use uncommon words in names! Because the fortune teller gave herself a name with the word "Yi", Ms. Li, who is in her forties in Shenyang, suffered a lot in doing things. It turns out that schooling, household registration and accreditation are all handwritten, and the problem is not big. It is very troublesome to go through any formalities with the computer now. The computer can't type this word, and even the second-generation ID card is deliberately spliced by the police. Now it's hard to save money to buy a house, but because of the uncommon word "land" in the name, the real estate license can only be delayed …

Conclusion: Because of the case of "Beiyan Yi Yun", the dispute over surnames was solved. The dispute over how to name the place is still going on, and we look forward to the implementation of the Regulations on the Registration of Geographical Names. Have you found any different names in your life? Welcome to share!