Petition to Change Surname and Origin | Petition to Change Surname and Origin Granted

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.

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.

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.

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.

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.

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.