Is it Possible to Change a Child's Surname After a Divorce?

According to the provisions of Clause 1 Article 88 of the 2014 Law on Marriage and Family, a child born during the marriage period or conceived by the wife during the marriage period is considered the common child of the couple.

And in Clause 1 Article 7 of Decree 123/2015/ND-CP, the conditions for altering and correcting civil status are stipulated as follows:

The change of surname, middle name, or given name for a person under 18 years old in accordance with Clause 1 Article 26 of the Law on Civil Status must receive the consent of that person's father and mother and be clearly stated in the Declaration; for individuals aged 9 years or older, their consent is also required.

Thus, although the father does not provide monthly financial support for the child, changing the child's surname requires the consent of both the father and the mother. Therefore, if the father does not agree, the change cannot be made. Even though the couple has divorced, the parental relationship still remains.

In the case where the father does not provide monthly financial support for the child according to the divorce decree, you have the right to request the court to compel your husband to fulfill his support obligations. Best regards!