Question: I wish to change my biological child’s surname from the father’s surname to the mother’s surname for personal reasons, but I am not clear about the legal conditions, the sequence of steps, and the required dossier. What requirements must I satisfy and where do I file?
Answer:
Under the law, changing a child’s surname is a type of civil status registration procedure that must be carried out in accordance with the conditions and order prescribed by civil law and civil status law. In addition, changing civil status information does not change or terminate civil rights and obligations established under the former surname under Article 27 of the Civil Code 2015 and Clause 1 Article 26 of the Law on Civil Status 2014. Therefore, changing a child’s surname is implemented as follows:
- Conditions for changing a child’s surname
Pursuant to Clause 1 Article 27 of the Civil Code 2015, an individual has the right to request a change of the child’s surname from the father’s surname to the mother’s surname if there are legitimate reasons. At the same time, Clause 1 Article 26 of the Law on Civil Status 2014 states that changing the surname in the birth registration is only carried out when there are grounds under civil law. Some cases may include:
- The surname was recorded incorrectly due to the fault of the person making the birth registration;
- The surname causes confusion or difficulty in distinguishing gender or ethnicity;
- The surname affects life or honor;
- The parents have different surnames and wish to change the child’s surname to suit affection, education, and upbringing;
- Cases where the parents are divorced and the child wishes to change the surname according to the person directly raising the child;
- …………………………………
Note: If the child is under 18 years of age, the consent of both father and mother is required, expressed in the declaration. A child from full 9 years of age or older must also voluntarily agree to the change of surname. Based on Clause 2 Article 27 of the Civil Code 2015 and Clause 1 Article 7 of Decree No. 123/2015/ND-CP guiding the Law on Civil Status.
- Dossier for changing the child’s surname from the father’s surname to the mother’s surname
The dossier for changing the child’s surname from the father’s surname to the mother’s surname includes:
- Declaration for registration of change of civil status according to Form No. 17 attached to Circular No. 04/2024/TT-BTP.
- Passport/Identity Card/Citizen Identity Card/Identity Card/Electronic Identity/Identity Certificate or other documents with a photograph and personal information issued by a competent authority that are still valid, to prove the identity of the person requesting registration of change, correction, or supplementation of civil status information. Or a document proving residence information in cases where the civil status registration authority cannot obtain information on the citizen’s place of residence by the methods prescribed in Clause 2 Article 14 of Decree No. 104/2022/ND-CP dated 21 December 2022 of the Government.
- Procedure
Pursuant to Article 28 of the Law on Civil Status 2014, the procedure for changing a child’s surname from the father’s surname to the mother’s surname is as follows:
Step 1: The person who has the right or is authorized to request registration of change of the child’s civil status must submit the prescribed declaration and related papers to the competent commune-level People’s Committee;
Step 2:
- Within 03 working days from the date of receipt of a complete dossier, if the change of civil status has grounds and conforms to civil law and related law, the civil status officer records it in the Civil Status Register, together with the requester signs the Civil Status Register, and reports to the Chairperson of the commune-level People’s Committee to issue an extract to the requester.
- Where the change of civil status relates to the Birth Certificate, the civil status officer records the change in that Birth Certificate.
- Where verification is required, the time limit is extended by no more than 03 working days.
- Where registration of change of civil status is not made at the place of previous civil status registration, the commune-level People’s Committee must notify in writing, enclosing a copy of the civil status extract, to the People’s Committee where civil status was previously registered for entry into the Civil Status Register.
- Where the place of previous civil status registration was a Representative Mission, the commune-level People’s Committee must notify in writing, enclosing a copy of the civil status extract, to the Ministry of Foreign Affairs for forwarding to the Representative Mission for entry into the Civil Status Register.
Consultation: Marriage and Family Law services
