Recently, the Jinning District People's Court of Kunming City successfully mediated a divorce case due to the issue of the child's surname. Tang and Shi Mouxia have a daughter with their father's surname, and in 2021, the two will have a daughter. Wife Shi Mouxia believes that Dabao has taken her father's surname Tang, and Erbao should follow her mother's surname Shi, but her husband Tang strongly opposes it, and the two parties do not give in to each other and eventually sue the court to dissolve the marriage relationship. In the end, Shi mou understood that her husband's insistence that the second child's surname Tang was his father's last wish, and the judge also mediated from it, and the two sides dismissed the idea of divorce.
In this case, we can see several questions 1, "Why does the wife ask the child to follow her own surname?" 2. "Why can't a father have his child follow his mother's surname?" 3. "Why would a father prefer a divorce to his wife's request?" In fact, this is all influenced by the traditional idea of the right to crown the surname.
In traditional thinking, the right to crown the surname is almost in the hands of the man, so is there any example of the title right appearing in the hands of the woman? There are also some, in simple terms, it can be called "into the excess", "inverted door", the man to the woman's home to settle down and with the woman's family name, the children born after marriage are all with the woman's surname, but the situation and probability are not too high, most of them are still married to the man more, and their children will follow the man's surname.
The child is born, the whole family is happy, and the baby comes into this world, naturally to take a good name. The right to a name is a right of personality that begins at birth and ends at death. In the so-called "surname right" discussion, it is discussed that "which parent can decide whether the child's surname is with himself". But you know what? Who the child should be surnamed with is never a question at the legal level. The law stipulates: "Children may take the father's surname and may follow the mother's surname". Natural persons should follow the father's or mother's surname, and even in some cases may choose a surname in addition to the father's and mother's surnames.
What is the surname, in fact, is really not so important to children, for the adult world, the trouble of "surname right" still needs more empathy, tolerance, and rationality to face.
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