Procedures for changing a child's last name

(stepfather) receives your child as an adopted child.  If a natural parent is dead or missing or has lost civil act capacity or is unidentifiable, consent of the other must be obtained.

In case of your husband submits the application to the commune-level People’s Committee of the place in which he permanently resides, such People’s Committee shall coordinate with the commune-level People’s Committee of the place in which your child permanently resides. The consultation must be made in writing and signed and fingerprinted by you.

- After receiving a written opinion with your signature or fingerprints, the adoption registration is carried out at the headquarters of the commune-level People’s Committee. When applying for adoption, it is compulsory that your husband, your child, and you are present. The civil status shall record in the adoption registration book and hand over the adoption certificate to the parties.

- In case the commune-level People’s Committee rejects the application, it shall, within 10 days after obtaining your consent on the acceptance of your child to be adopted by your husband (stepfather), issue a written explanation to the adoptive parents, the natural parents, or the guardian or a representative of the nurturing center. The adoption certificate shall be sent to the commune-level People’s Committee of the place in which the person introduced for adoption or the adopting person permanently resides.

The time limit for settling an adoption is 30 days counting from the time the commune-level People’s Committee receives a complete and valid dossier.

II. PROCEDURES FOR CHANGING THE LAST NAME AND ADDING THE ADOPTIVE FATHER’S NAME TO A CHILD’S BIRTH CERTIFICATE

According to the adoption certificate, at the request of the adoptive parents and the consent of the adopted child at the age of full nine years old or older, the competent civil status registration authority changes the last name, middle name, and name of the adopted child under the provisions of the civil law and civil status law. Specifically as follows:

1. The competent authority to settle

Competence to register the change of the last name and supplement the stepfather’s name to the child’s birth certificate is under the jurisdiction of the commune-level People’s Committee of previous places of civil status registration for your child or places of your child’s current residence.  

• In case of registering civil status change or correction not at previous of civil status registration, commune-level People’s Committees shall issue written notices together with civil status extract copies to People’s Commitees of previous places of civil status registration for recording in the civil status book.

2. Settlement order

The person who requests for registration of civil status change (you or your husband) shall submit a declaration according to the form and relevant legal documents on the change and supplementation of civil status, and re-registration of birth registration for your child.

The People’s Committee of the place in which the child’s birth was previously registered or the place of your child’s residence shall supplement information about stepfather (your husband) to the declaration of father and mother in the Birth Certificate and Birth Registration Book; the Notes section of the Birth Registration Book must clearly state “adoptive father”, in addition, changing the last name of your child to your husband’s (stepfather) last name. 

The period of implementation is within 23 working days after receiving complete papers. In case of necessity to verify, the time limit may be prolonged for no more than 3 working days.  

Above is FDVN LAW FIRM’s opinion for your consulting requests based on studying the relevant legal provisions. Hopefully, FDVN’s advice would be helpful to you.