How do I change my child’s first and last name?

1. In case you have the right to change your child’s full name

According to the provisions of Articles 27 and 28 of the 2015 Civil Code, an individual has the right to change his or her full name in the following cases:

Article 27. Right to change surname

1. Individuals have the right to request the competent state agency to recognize the change of surname in the following cases:

a) Change the last name for a biological child from the biological father’s last name to the mother’s surname or vice versa;

b) Change the surname of the adopted child from the surname of the biological father or biological mother to the surname of the adoptive father or the surname of the adoptive mother at the request of the adoptive father or mother;< /span>

c) When an adopted child ceases to be adopted and this person or his/her biological father or mother requests to have his/her surname restored to that person’s surname according to his/her biological father’s or biological mother’s surname;< /span>

d) Change the child’s last name at the request of the biological father, biological mother or child when determining the parent for the child;

đ) Change the last name of the lost person who found his or her bloodline;

e) Change the surname according to the wife’s surname, the husband’s surname in marriage and family relationships involving foreign elements to comply with the law of the country where the wife, foreigner husband is a citizen or get the last name back before change;

g) Change child’s last name when parent changes last name;

h) Other cases prescribed by civil status law.

Article 28. Right to change name

1. Individuals have the right to request competent state agencies to recognize the change of name in the following cases:

a) At the request of the person with the name that the use of that name causes confusion, affects the sentiment family, to the honor, legitimate rights and interests of that person;

b) At the request of the adoptive father, adoptive mother about changing the name for the adopted child or when the adopted child cease to be an adopted child and this person or his/her biological father or mother requests to have the name given by his/her biological father or mother;

c) At the request of the biological father, mother or child when determining the parent for a child;< /span>

d) Change the name of the lost person who found his bloodline;

đ) Change the name of husband and wife in marriage and family relations with foreign elements to match in accordance with the law of the country of which the foreign spouse is a citizen or has changed his/her name before the change;

e) Change the name of the gender reassigned person, the transgender person;

g) Other cases prescribed by civil status law.

Thus, if you fall into one of the above cases, you can change your child’s family name.

2. Conditions for changing the child’s first and last name

Article 7. Conditions for civil status change and correction

1. The change of last name, 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 parents and clearly stated in the declaration; For persons aged full 9 years or older, the consent of that person is also required.

According to the provisions of Clause 1, Article 7 of Decree No. 123/2015/ND-CP detailing a number of articles and measures to implement the above-mentioned civil status law, the change of family names and names for children under 18 years of age must be subject to consent. the will of both the person’s father and mother and clearly stated in the Declaration; In case the child is full 9 years old or older, the consent of that person is still required.

3. Procedures for changing the child’s first and last name

According to the provisions of Articles 28 and 47 of the Law on Civil Status 2014, the procedure to change the child’s family name and name is carried out as follows:

Step 1: Submit the declaration

The person requesting the change of name shall submit the civil status correction declaration according to the prescribed form and relevant papers to the civil status registration agency.

At the same time, it is necessary to present the original birth certificate of the person who needs to change his or her full name and relevant papers as a basis for changing his or her full name.

Step 2: Get the result

Within 03 working days from the date of receipt of all documents as prescribed, if finding that the change of surname and name is grounded and in accordance with the provisions of the civil law and relevant laws, the civil servant judicial and civil status books shall be recorded in the civil status book, together with the requester for registration of change of name and surname shall 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.

4. Authority to change the child’s first and last name

Article 27 and Clause 3, Article 46 of the 2014 Law on Civil Status stipulate the authority to change the family name and name of a child as follows:

Article 27. Competence to register civil status changes, corrections and supplements

The commune-level People’s Committee of the place where civil status has been registered before or the place of residence of an individual is competent to handle civil status changes or corrections for persons under 14 years of age; civil status supplement for Vietnamese citizens residing in the country.

Article 46. Competence to register change, correction, supplementation of civil status, ethnicity re-determination

3. The People’s Committee of the district where the civil status has been registered before or the place of residence of the individual is competent to handle the change or correction of civil status for Vietnamese citizens aged full 14 years or older residing in the country. ; redefine the nation.

Thus, the People’s Committee of the commune where the civil status has been registered before or the place of residence of the individual will have the authority to handle the change of surname and name for a person under the age of 14. The district-level People’s Committee of the place where the civil status has been registered before or the place of residence of an individual is competent to handle the change of surname and name for Vietnamese citizens aged full 14 years or older residing in the country.

Above is the advice of Khoa Tin Law on “How to change your child’s last name and name?”.

In case customers have unclear issues or need to discuss further, please call us immediately at 0983 533 005 for a free consultation.

Best regards./.