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Will the Adoptive Family Change My Child's Name?

05/05/2021


According to the provisions of Clause 1, Article 24 of the Law on Adoption, from the date of handover and adoption, between the adoptive father, mother and adopted child have full rights and obligations of father, mother and child.

In addition, Clause 2, Article 24 of this Law affirms:

At the request of the adoptive parents, the competent State agency shall decide to change the surname and name of the adopted child.

The change of surname and name of an adopted child aged full 9 years or older must be approved by that person.

Not only that, according to the provisions of the Civil Code 2015, individuals have the right to change their surname and the right to change their name. In which, there is mention of adopted children with adoptive parents. Specifically, an individual has the right to request a competent State agency to recognize the change of name or surname:

- The right to change the family name: Change the family name for an adopted child from the family name of the biological father or natural mother to the surname of the adoptive father or the surname of the adoptive mother at the request of the adoptive father or adoptive mother (Point b, Clause 1, Article 27 of the Civil Code 2015).

- Right to change name: According to the request of the adoptive father or adoptive mother to change the name of the adopted child or when the adopted child ceases to be adopted and this person or the biological father or mother requests to regain the name given by the biological father, placed by the natural mother (point b, clause 1, Article 28 of the 2015 Civil Code).

Pursuant to the above provisions, the adoptive father and mother have the right to change the surname and name of the adopted child. However, if the adopted child is full 9 years old or older, that person's consent must be obtained as prescribed in Clause 2, Article 27, Clause 2, Article 28 of the 2015 Civil Code and Clause 2, Article 24 of the Law on Child Adopting).

Especially, changing the family name and name for an adopted child does not change or terminate the civil rights and obligations established under the old surname.