The Cabinet backed a draft amendment to the Civil Code yesterday that would allow children who have been sexually or physically abused by fathers to change their surname to their mother’s family name.
The amendment, proposed by the Ministry of Justice (MOJ), stipulates that the option applies to children who have suffered constant parental abuse. MOJ officials said abusive parents were grossly negligent in their responsibility to their children and that abused children would be able to file an application for a name change with a district court following the amendment.
Under current regulations, modification of a child’s surname is not allowed unless a child’s parents are divorced, either or both parents are dead, or either parent or both parents’ whereabouts have been uncertain for more than three years.
MOJ officials said the purpose of the amendment was to champion gender equality and better protect the rights of children.
The amendment also entitles a biological father to demand that his illegitimate child bears his surname after he acknowledges the child.
Article 1059 of the Civil Code currently says that if a child is illegitimate, the surname of the child shall be that of the mother if the father is unknown.
An amendment to the Civil Code last year said that a legitimate child could take his or her mother’s surname with the father’s consent and was seen as a milestone toward a modernized identity system as it had previously stipulated that a child must take the father’s family name.
That amendment, however, left out regulations to deal with how to decide a child’s surname when the father and mother could not reach an agreement.
The MOJ suggested in the amendment approved by the Cabinet yesterday that a child’s surname be decided by drawing lots in this situation.
The draft amendment will be referred to the Legislative Yuan for screening and approval before it is put into effect.
Additional reporting by CNA
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