Do children have to take their father's surname?

According to the provisions of China's marriage law, children can take their mother's surname or their father's surname, whose surname should be settled by both parents through consultation, which is not mandatory.

First, the right of self-naming is the right of natural persons to decide their own names, and no one has the right to interfere. The surname of a natural person cannot be chosen in principle. In China's real life, children have the habit of taking their father's surname, but Article 22 of China's current marriage law stipulates: "Children can take their father's surname or their mother's surname." If a natural person chooses a surname again according to law, the law should not interfere. Even if the woman adds her husband's surname to her name after marriage, it is decided according to the wishes of the parties themselves.

Second, the name of a natural person at birth is generally decided by his parents, but this is not a denial of the right to self-naming. In fact, it is the performance of parental authority, and it is the agency behavior of parents to implement parental authority. Natural persons can also change their names when they become adults. Another form of self-naming right is the right of natural persons to choose their own aliases. They may, according to their own will and wishes, determine other corresponding names other than pen names, stage names and registered names, and no one may interfere.

Three, the right to use the name is the exclusive right to use the name of a natural person. Using one's own name is an important part of natural person's name right. Unless otherwise provided by law, a natural person may use his real name or his own pen name, stage name or pseudonym in civil activities. No organization or individual may force a natural person to use or not use a certain name.

Fourth, it is ok for children to change their surnames after divorce. China's marriage law stipulates that children can take their father's surname or their mother's surname. Generally speaking, after a child is born, his/her name is determined by both parents through consultation, so the change of the child's name should also be agreed by both parents through consultation.

When parents divorce, neither party has the right to change the child's name without authorization. According to the spirit of the Supreme People's Court's "Reply on Changing Children's Surnames", if a divorced party requests to change their children's surnames without consultation or negotiation fails, the public security organ may not accept it; If one party obtains the change of the child's name by concealing the fact of divorce from the public security organ, and the other party requests to restore the child's original name, if the divorce parties fail to negotiate, the public security organ shall restore it.

Therefore, after divorce, children change their surnames without the consent of the other party. Even if it is changed, the other party has the right to sue for change, and then he will change it.

legal ground

Article 1015th of the Civil Code: A natural person shall take his father's surname or his mother's surname, but in any of the following circumstances, he may choose a surname other than his father's surname or his 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. The surnames of natural persons of ethnic minorities can follow their own cultural traditions and customs.