12-year-old baby sues his father for name change

  The 12-year-old Xiao Xiang took his father to court and asked the court to order his father to change his household registration name from "Xiang XX" to "Zheng XX".

Recently, the People's Court of Hechuan District, Chongqing City concluded this name dispute case and ruled that the defendant Xiang Mouyun cooperated with the plaintiff Xiao Xiang to change his name to Zheng XX within seven days after the judgment took effect.

  The defendant Xiang Mouyun and Zheng were married, and they gave birth to a son in March 2008, named Xiang Mou.

Later, due to the breakdown of the relationship between the husband and wife, Xiang and Zheng agreed to divorce in October 2011, and agreed that their son Xiaoxiang would be raised by Zheng under the custody.

Zheng changed Xiao Xiang's first name to his mother's surname without knowing Xiang Mouyun.

In December 2018, Xiang Mouyun learned that Xiaoxiang's name had been changed from "Xiang so and so" to "Zheng so and so", so he changed Xiao Xiang's name back to "Xiang So and so".

  However, from September 2014 to July 2020, the plaintiff Xiaoxiang has been using the name "Zheng XX" to participate in various out-of-school trainings, and to participate in domestic and international training in mathematics, essays, fine arts, hosting, and Latin dance. The competition has won more than 30 awards.

Before the lawsuit, the plaintiff Xiao Xiang was informed in writing by several training institutions that organized his participation, because his name was changed from "Zheng XX" to "Xiang XX", which may cause his previous awards and results to be unrecognized and unable to continue participating Related higher-level competitions cannot continue to participate in the shooting and publication of educational promotional videos.

The name change has greatly hindered Xiao Xiang's learning and growth, and also caused great psychological distress to him.

  In August 2020, after repeatedly communicating with his father to Mouyun to no avail, Xiao Xiang filed a lawsuit in the court.

During the trial, the plaintiff Xiaoxiang himself fully expressed his strong desire to use the name "Zheng XX".

During the psychological counseling process after the court, Xiao Xiang also expressed his approval and love for the name "Zheng XX" again.

  The court found that the plaintiff Xiaoxiang used the name "Zheng XX" in his life and studies from elementary school to middle school for 7 years. During these 7 years, Xiaoxiang has done everything in terms of academic and artistic accomplishments. Achievement, the name has become well-known by relatives, friends, teachers, and classmates, has become his personality mark, and has become an important part of his stable life and learning environment. Continue to use this name is conducive to his physical and mental health and growth. the court then made the decision.

  The acceptance officer stated that citizens have the right to name according to law, which includes both the right to name and the right to change names. Generally speaking, the naming of minors is determined by their parents. In this case, Xiao Xiang is at least 12 years old and belongs to a person with limited capacity, but according to his current age and intelligence level, as well as the logical thinking and language expression ability judgment shown in the whole litigation activities, he has been able to understand the name Text meaning and social meaning. The change of the name of a minor must respect the wishes of the guardian, but also pay attention to safeguarding the legal rights of the minor, and consider it from the perspective of conducive to the healthy life and growth of the minor.