| The right to change name is one of the important freedom interests of personality and a significant content of the right to name. It relates to the personal dignity, shows the image of individuals, and exerts great influence on the social regulations, thus a comprehensive issue in the public and private law.The selection of the surname is limited to the family relationship. In principle, especially the surname change problem for couples divorce, remarriage, and adoption of children, taking the father’s surname or the mother’s surname as the child’s surname should accord to the agreement of the parents. However, there are exceptions in accordance with the law to maximize the interests of children’s growth. A third surname should be prohibited in principle except for special circumstances, and Article 22 of the Marriage Law of the People’s Republic of China should be interpreted as prohibiting a third surname. The regulation on the change of name should respect the personal dignity and freedom and adopt the leniency principle. The legislation on the reason of rename should adopt the model of "list plus general provisions”, which can provide operation space for interpreters. Meanwhile, rename should be normative and appropriate, not contrary to the public order and good customs as the bottom line, and be restrained properly according to the inherent tradition and the social general idea. As for the subject to apply for change of name, it is himself when he comes to the age of 18. However, we shouldn’t absolutely deny his right for application when he is under 18. One can change his or her surname once and name twice in principle with some strict exceptions. |
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