Article 22 of the Marriage Law of the People's Republic of China stipulates: "Children can take their father's surname or their mother's surname." Explain that the child's surname is not necessarily the father's or mother's surname. According to people's habits, after the child is born, the parents of the child will register their household registration. Usually, a child's name will be suggested by parents, grandparents or other relatives, and the parents will finally decide the child's name. Legally speaking, parents share the right to name their children. On the other hand, one parent has no right to decide the name of the child unilaterally.

Second, the principle of dealing with surname change

In judicial practice, when trying cases of children changing their surnames, the court should effectively protect the legitimate rights and interests of minors from the perspective of being conducive to the healthy growth of children. After divorce, if both parties have fulfilled their obligations of raising children, they should maintain their original surnames. Changes will often create new contradictions, affect the feelings of the children and the other parents, and bring adverse effects on the children's physical and mental health development.

Some people think that if a minor child wants to change his name or the parties have evidence to prove that the other party has the following circumstances: (1) One parent has done something that discriminates, insults or even violates the criminal law. Children are often discriminated against by the outside world, which seriously affects their mental health, and changing their names reduces the adverse effects on young minds; (2) If one parent fails to perform the maintenance obligation, refuses to pay the maintenance fee without justifiable reasons, fails to perform the right of visiting, and is indifferent to the children, the surname can be changed to the surname of the parent with more maintenance obligations; (3) One parent is deprived of custody. The party who does not live with the child is deprived of custody, and the right to decide the surname for the child has lost its foundation. The surname of the child can be changed. Children's correction also includes changing the surname of stepfather and stepmother who normally perform their maintenance obligations. Our lawyers believe that children should seek the consent of the other party as much as possible to change their surnames. Children must be half-related to each other and cannot be arbitrarily deprived of the right to take their surnames. Before the change, seek the opinions of the other party, get their understanding and consent to the maximum extent, and avoid disputes.

Minors who change their surnames and have limited capacity for civil conduct already have a certain ability to express their wishes. What are their surnames? Who is closer? I can make a certain judgment, so if there is a dispute between parents about changing their children's surnames, I should ask their opinions. The judge should make a judgment on the basis of the principle of benefiting the child.