Cases | Can the child's last name be taken at will?

Author:Qinghai Pu Law Time:2022.09.27

Case

Xiao Han and Xiaoli want to name the daughter "Sindrera". When applying for a hukou registration, the police said: "This name is not in compliance with the law." Xiao Han said: "The name is mine. My name is mine. Freedom, I want to get up, just register with this name. "The police station had to refuse to apply for a hukou registration. Xiao Han was dissatisfied and filed an administrative lawsuit, asking the police station to confirm that the police station refused to handle the account registration with "Sindrera" as the name registration. Can the child's last name be taken at will?

Claim

Can't. Article 105 of the Civil Code stipulates that a natural person shall follow the father's surname or mother's surname, but if there is one of the following situations, you can choose the surname in addition to the father and mother's surname: (1) Choose other direct elders with blood relatives Surnames; (2) Choose a supporter surname because of the support of people other than the legal supporter; (3) other legitimate reasons that do not violate public order and good customs. The surnames of natural people of ethnic minorities can follow the cultural traditions and customs of their nation.

Source: People's Daily Online

Disclaimer: Reproduced this article out of the purpose of passing more information and conducive to the law of law. If there is an error or infringe your legitimate rights and interests, the author is requested to contact the Law of Qinghai with the authority. We will correct and delete it in time. Thank you.

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