Is it possible to change a child's last name to the adoptive parents' last name without the biological father's consent?
I have a question that I hope a lawyer can answer: I want to change my baby's last name to the adoptive parents' last name without getting the biological father's consent. Currently my husband and I are divorced. So what procedures do I have to follow and do I have the right to change the baby's last name to the adoptive parents' last name? Thank you sincerely.
Reply
First: Regarding the right to change the surname of adopted children
Pursuant to the provisions of Article 27 of the 2015 Civil Code, the right to change full name is stipulated as follows:
Article 27. Right to change surname
1. Individuals have the right to request competent state agencies to recognize the change of surname in the following cases:
a) Changing the biological child's surname from the biological father's surname to the biological mother's surname or vice versa;
b) Change the adopted child's surname from the biological father's or adoptive mother's surname to the adoptive father's or adoptive mother's surname at the request of the adoptive father or adoptive mother;
c) When an adopted child ceases to be an adopted child and this person or the biological father or mother requests to regain that person's surname according to the biological father's or mother's surname;
d) Change the child's surname at the request of the biological father or mother or of the child when determining the child's father or mother;
d) Changing the surname of a lost person who has discovered his or her bloodline origin;
e) Change the surname to the wife's or husband's surname in marriage and family relationships involving foreign elements to comply with the law of the country where the foreign spouse is a citizen or regain the surname before marriage. change;
g) Changing the child's last name when the father or mother changes their last name;
h) Other cases prescribed by the law on civil status.
2. Changing the surname of a person nine years of age or older requires that person's consent.
3. Changing an individual's surname does not change or terminate the civil rights and obligations established under the old surname.
Thus, according to the law, adoptive parents have the right to request to change the full name of their adopted child. The law does not stipulate that the request of adoptive parents to change their adopted child's name requires the consent of the father. mother tongue. In addition, according to Clause 1, Article 3 of the 2010 Law on Adoption: "Adoption is the establishment of the father, mother and child relationship between the adoptive person and the adopted person."
Accordingly, in the case of an adopted child of both husband and wife, both adoptive parents have certain rights and obligations towards their adopted child as they would a biological child, even if the adoptive parents' marital relationship ends. stop. Therefore, the request to change the name of an adopted child must be approved by both adoptive parents. In the case of an adopted child of a spouse, the adoptive mother or father has the right to request to change the child's surname without the consent of your spouse. So please note that this is only true when there is a relationship between the adoptive parents and the adopted child.
Second. Procedures for changing the name of adopted children.
Based on the 2014 Civil Status Law and Decree 123/2015/ND-CP, the procedures for changing the family name for adopted children are carried out as follows;
Step 1: Submit a request to change the family name to the commune People's Committee (where the birth certificate was registered) in case the adopted child is under 14 years old or the district People's Committee (which within the district is responsible for the birth certificate). previously registered birth) in case the adopted child is 14 years old or older
- Records include:
+ Declaration to register a change of surname (for children 9 years of age or older, there must be the child's consent shown in the declaration)
+ Original birth certificate of adopted child
+ Copy of the adopted child's household registration (if any).
+ Copy of ID card and household registration of father, mother, and adoptive parents.
+ Copy of Decision recognizing adoption
+ Document showing consent to change the surname of the adoptive father and mother in case of adoption by the couple, with valid signature authentication.
Step 2: The officer receiving the dossier checks the dossier.
- If it is not within the authority, instruct the litigant to contact the competent authority for resolution.
- If complete and valid, receive and transfer to specialized staff for settlement.
- In case the dossier is missing or invalid, the officer receiving the dossier will guide the applicant to supplement the dossier.
Step 3: The processing time is 3 working days if the legal conditions are met, the civil status justice officer or the justice officer of the Justice Department records the previous birth registration in the book and decides on the change. Surname. The Chairman of the Commune-level People's Committee or the Chairman of the District-level People's Committee signs and issues to the applicant an original copy of the Decision on changing the family name. A copy of the Decision is issued upon request of the litigant. (If further verification is performed, the time limit will be extended by no more than 5 working days).
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