What are the legal regulations on changing a child’s surname from the father’s surname to the mother

FDVN' opinion:

Thank you for trusting and sending questions to FDVN Law Firm (“FDVN”), after researching the legal regulations, we have the following information to exchange:

1. The right to change the surname for a biological child from the father's surname to the mother's surname

Article 27 of the 2015 Civil Code stipulates: Individuals have the right to request competent state agencies to recognize the change of surname in the following cases: Change the surname for a biological child from the biological father's surname to the mother's surname or vice versa. Changing the surname of a person aged full nine years or older must be consented to by that person.

Then, according to Clause 1, Article 26 of the Law on Civil Status 2014 guided in Clause 1, Article 7 of Decree No.123/2015/ND-CP:

“Article 26. Scope of civil status change

1. Change the surname, middle name and first name of an individual in the registered birth certificate when there are grounds in accordance with the provisions of civil law. "

“Article 7. Conditions for change and correction civil status

1. The change of surname, middle name or first name for a person under 18 years old as prescribed in Clause 1, Article 26 of the Law on Civil Status must be consented by such person's father or mother and clearly stated in the Declaration; For persons aged full 9 years or older, the consent of that person is still required.”

Thus, the law allows changing a child's surname from the father's surname to the mother's surname. However, this change must be approved by the parents and that child and clearly stated in the Declaration.

2. Procedure to change surname from father's surname to mother's surname

- Authority to register changes:

+ Pursuant to Article 27 of the 2014 Law on civil status: The commune-level People's Committee of the place where civil status has been registered before or the place of residence of an individual has the authority to settle civil status changes or corrections for persons under 14 years of age.

- Procedure for changing registration

+ Documents to be prepared:

Declaration form and related documents.

+ Time to resolve:

Within 03 working days from the date of receipt of complete documents, if finding that the civil status change or correction is grounded and in accordance with the provisions of civil law and relevant laws, the civil status judicial officer shall records in the civil status book, together with the requester for registration of changes in civil status, sign in the civil status book and report to the chairperson of the commune-level People's Committee to issue an extract to the requester.

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.

Nguyen Thi Huyen Trang - FDVN Law Firm

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