CONTENTS
- 1. The Client Who Sought Help With a Petition to Change Surname and Origin
- - What Is a Petition to Change Surname and Origin?
- - Requirements for Granting a Petition to Change Surname and Origin
- 2. The Assistance Provided for the Petition to Change Surname and Origin
- 3. Result of the Petition to Change Surname and Origin: Granted
1. The Client Who Sought Help With a Petition to Change Surname and Origin
The client, who needed a petition to change surname and origin, requested a consultation with a family law attorney.
Ten years earlier, the client's parents had divorced by agreement.
Even so, the client's father, who was an alcoholic, frequently came to the client and repeatedly committed acts of violence and assault.
The father's family also continued to harass the client and his mother.
On top of that, the client, who had a child due to be born soon, was worried that the harassment might affect the child as well.
The client therefore decided to change his surname and origin to his mother's and to sever all ties with his father.
However, because the father was strongly opposed to the change of surname and origin, the client judged that the change would not be easy and requested legal assistance from a family law attorney.
What Is a Petition to Change Surname and Origin?
A petition to change surname and origin is a petition to change one's surname (姓), which denotes one's lineage and blood relation at birth, and one's clan origin (本), which denotes the birthplace of the founder of one's clan.
Under the Civil Act, a child in principle takes the father's surname and origin.
If the father is unknown or the parents so agreed at the time of the marriage report, the child may take the mother's surname and origin, but in most cases the child takes the father's surname and origin.
① A child takes the father's surname and origin. However, if the parents agreed at the time of the marriage report to follow the mother's surname and origin, the child takes the mother's surname and origin.
② If the father is a foreigner, the child may take the mother's surname and origin.
③ A child whose father is unknown takes the mother's surname and origin.
If parents divorce and then remarry, causing inconvenience because the child's surname differs from the stepfather's, or if there is a substantial reason to change the child's surname and origin, the surname and origin may be changed through a petition to change surname and origin.
Requirements for Granting a Petition to Change Surname and Origin
A change of surname and origin is granted when it is found necessary to change the surname and origin for the welfare of the child.
To make this determination, the court considers the child's subjective and objective circumstances.
The child's age and whether the parents have divorced fall under the child's objective circumstances.
By contrast, whether the child is suffering because of the surname and origin and whether the child wishes to change them fall under the subjective circumstances.
If all of these factors are considered and it is found that changing the surname and origin is for the welfare of the child, the petition to change surname and origin may be granted.
2. The Assistance Provided for the Petition to Change Surname and Origin
For the petition to change surname and origin, the family law attorney reviewed the client's situation once more.
The attorney then reviewed the client's subjective and objective circumstances for granting the change of surname and origin and made the following arguments.
Argument That the Client Wishes to Sever All Ties Through the Change of Surname and Origin
The client and his family, including his mother, had suffered continuous harassment from the father and his family.
As a result, they were suffering severe emotional distress.
The family law attorney argued that the client wished to sever all ties with the father's side through this change of surname and origin.
Argument That the Change of Surname and Origin Is Necessary for the Soon-to-Be-Born Child
The client is about to become the father of a child.
The attorney argued that the change of surname and origin was necessary for the stable identity and character formation of the soon-to-be-born child as well.
3. Result of the Petition to Change Surname and Origin: Granted
As a result of the dedicated assistance provided for the petition to change surname and origin, the court granted the claim to change the client's surname and origin to those of his mother.
If You Need to Change Your Surname and Origin
In this case, the client, who was suffering because of a father who had divorced long ago but kept coming to harass him and his mother, requested a consultation with a family law attorney to change his surname and origin to his mother's.
At Daeryun Law Firm, we respond actively during the review process for clients who wish to petition to change their surname and origin, and depending on the situation, we also handle related matters such as mediating negotiations with the father.
If you are in a situation where you need to change your surname and origin as described above, please use the family law attorney's 🔗legal consultation booking at any time.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
