Can a Child's Last Name Be Taken After the Mother's Last Name?
Can a Child's Surname Be Taken from the Mother?
According to Clause 2, Article 26 of the Civil Code 2015:
Article 26. The Right to Have a Surname and Given Name
- The surname of an individual shall be determined as the surname of the biological father or the biological mother as agreed upon by the parents; if no such agreement is made, the child's surname shall be determined according to custom. In cases where the biological father is not identified, the child's surname shall be determined as the surname of the biological mother.
According to legal provisions, an individual's surname can be determined as the surname of the biological father or the biological mother based on parental agreement, and it is not mandatory for the individual's surname to follow that of the father. Therefore, if you and your spouse have agreed to use the mother's surname for the child, it is entirely permissible.
Place of Birth Registration and Procedures for Child's Birth Registration
Legal Basis:
Responsibility for Child's Birth Registration:
Within 60 days from the day the child is born, either the father or mother is responsible for registering the child's birth. If the parents cannot register the birth, the responsibility falls to the grandparents or other relatives, or the individuals or organizations currently taking care of the child.
The civil status officers regularly check and ensure the birth registration of children in the area within the prescribed period. When necessary, mobile birth registration is conducted.
Dossier:
- Birth registration application form;
- Birth certificate (provided by the hospital or health facility where the child was born). If there is no birth certificate, there must be a written confirmation from a witness about the birth event;
- The person registering the birth must present one of the following valid identification documents (passport, identity card, citizen identification card, or other documents with photos and personal information issued by a competent authority) to prove their identity; marriage certificate (if the child's parents are married); Household registration book (or collective household registration certificate, temporary residence registration certificate of the child's parents).
Note:
- The authorization must be in writing and notarized in accordance with legal regulations. If the authorized person is the grandparent, parent, child, spouse, or sibling of the authorizing person, notarization of the authorization document is not required.
- If the person registering the child's birth is a grandparent or another relative as stipulated in Clause 1, Article 15 of the Civil Status Law, no authorization document from the child's parents is required, but the birth registration details must concur with the child's parents.
Submission Method: ****** Directly or by authorizing another person.
Responsible Authority: The People's Committee of the commune where either the father or the mother resides processes the birth registration.
Processing Time: Within 1 day, or no more than 5 working days if verification is required.
Fee: Free.
Respectfully!
