Chinese man divorces wife over son’s surname

A man in China divorced his wife after a dispute over which surname their son should carry. The couple, Shao and Ji, had a daughter in 2019, who took her father’s surname. However, when their son was born in 2021, Ji insisted that he bear her surname, sparking a conflict. Despite Mr. Shao’s repeated requests for the child to adopt his surname, Ms. Ji refused, leading to their separation and eventual divorce, according to the South China Morning Post.

After their split, both children stayed with Ms. Ji. Mr. Shao sought custody of their daughter but was willing to forgo custody of their son. Ms. Ji, however, insisted on keeping both children. The case was taken to court, where Ms. Ji was awarded full custody, as she had been the primary caregiver. In Chinese courts, child custody decisions are made based on the “best interests of the child,” with a tendency to favor mothers, although both parents’ caregiving abilities are also considered.

Mr. Shao appealed the ruling, but the higher court upheld the decision. He was ordered to pay child support until both children turned 18.

In another similar case, a married couple in China is on the verge of divorce over a dispute concerning their son’s surname. The wife, Xiangjia, said both families had agreed before marriage that their firstborn, regardless of gender, would take the mother’s surname. However, after their son’s birth, her husband repeatedly insisted on a change, arguing that children should traditionally inherit their father’s name, according to SCMP.

The situation worsened when Xiangjia underwent surgery and returned home to find that her mother-in-law had unilaterally changed their son’s surname. Her husband also began using the new name. Frustrated, Xiangjia suggested divorce, but her husband refused, claiming ownership of their house, car, and son.

Since 1980, China’s Marriage Law has allowed children to take either parent’s surname, though traditionally, paternal surnames have been more common. A 2021 study revealed that only 1.4% of children born between 1986 and 2005 took their mother’s surname, though this trend is gradually rising. In Shanghai, 8.8% of newborns had their mother’s surname in 2018, and nationwide, the figure reached 7.7% in 2020, according to the Ministry of Public Security.