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Divorce
Petition to family court for an adjudication changing a child’s family name and family register
Petition to family court for an adjudication changing a child’s family name and family register
- In principle, a child born in wedlock follows the father’s family name and family register (the main body of Article 781(1) of the Civil Act). However, a petition can be made to change these if necessary for the child’s welfare [Article 2(1)2(a)(vi) of the Family Litigation Act].
Standing
- A child’s parent or the child may petition for an adjudication changing the child’s family name and family register. However, if the child is a minor and the legal representative is unable to petition, a family member (a family member within 8 degrees of relation, an in-law, or spouse within 4 degrees of relation) or public prosecutor may petition (Articles 777 and 781(6) of the Civil Act).
Competent court
- An adjudication changing the child’s family name and family register may be requested at the family court of the child’s domicile (Subparagraph 1 item (e) of Article 44 of the Family Litigation Act).
Standard for permitting the change
- Standard for permitting the change
· A family court may consider the comments of the parents and child (only if 13 years of age or older) in adjudicating whether to permit a change to the child’s family name and family register. However, if the child’s parent with the same family name and register is deceased or cannot offer comment for any other reason, the comments of the most closely-related lineal ascendant with the same family name and register may be heard (Article 59-2(2) of the Family Litigation Rule).
· The family court also considers other matters necessary for the child’s welfare to decide whether to permit the change to the child’s family name and register.