Changing the Name of an Adopted Child: Is Consent from Birth Parents Required?

An individual who has decided to adopt a child now wishes to change the child's surname to that of the adoptive parents. Is it necessary to obtain the consent of the biological parents to do so? Please provide clarification.

Clause 2 of Article 24 of the Law on Adoption 2010 stipulates the consequences of adoption as follows:

- At the request of the adoptive parents, a competent state agency decides on the change of the adopted child's surname and name.

- Changing the surname and name of an adopted child from 9 years old and above must be agreed upon by the child.

In addition, Clause 5 of Article 1 of Decree 24/2019/ND-CP stipulates:

Based on the Adoption Certificate, at the request of the adoptive parents and the consent of the adopted child from nine years old and above, the competent civil status registration agency shall implement the change of the adopted child's surname, middle name, and name in accordance with civil law and civil status law.

Thus the change of the adopted child's surname and name will be based on the request of the adoptive parents and the consent of the adopted child in case the child is 9 years old or older. Therefore, changing the surname and name of the adopted child does not require the consent of the biological parents.

Respectfully!

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