By Alice Yan

Copyright scmp

A court in China recently heard a divorce lawsuit stemming from a couple’s disagreement over their child’s name.
Due to their inability to reach a consensus on their son’s name, the baby, who is over a year old, cannot obtain a birth certificate and, as a result, has not received any of the necessary vaccinations due to the lack of proper legal documents.
The man and woman, whose names have not been disclosed, were married in 2023 and welcomed a son the following year. Earlier this year, the wife filed for divorce at the Pudong District People’s Court in Shanghai, citing incompatibility, as reported by the Shanghai Morning Post.
During the case investigation, the court discovered that the couple had significant disputes regarding their son’s name.

They also could not agree on who should handle the application for the baby’s legal documents, with both insisting they should manage the matter independently while requiring the other to submit a power of attorney.
As a result of the ongoing conflict between the parents, the boy has been unable to secure any identity documents, preventing him from receiving vital vaccinations.
In mainland China, infants under one year old generally receive up to 10 free vaccinations, all provided by the government.
After several rounds of court mediation, the couple finally agreed on their son’s name, though it was not disclosed. The court issued a Notice on Caring for Underage Children, requiring the couple to jointly apply for their son’s birth certificate within five days and to keep the court updated on their progress.

However, the husband later changed his mind, proposing that he apply for the birth certificate himself and requesting the wife to provide him with an authorisation letter.
The wife refused this request, causing the situation to stall once more.
Given the case’s critical nature relating to minors’ interests, the court advised the couple that failure to cooperate on the child’s legal documents, which could deny their child access to basic rights, would constitute a violation of their parental responsibilities.
Eventually, the couple agreed to visit the hospital together, accompanied by a judge, to apply for the birth certificate.
However, they soon argued over who should hold the document. Thanks to the judge’s mediation, they decided that the certificate would temporarily be kept at the court.
Subsequently, following further discussions facilitated by the court, they agreed that the wife would keep the birth certificate, while the husband would draft a letter authorising her to apply for their son’s citizen registry certificate at the public security authority.
The aspects concerning the child’s interests have been resolved, but other elements of the lawsuit remain under review, as stated by the court.

The presiding judge, Guo Dan, observed that in recent years, many parents have used their children’s welfare as a bargaining chip in divorce disputes.
“This behaviour not only contradicts their mandatory guardian duties but also undermines the child’s basic rights. It has become a significant issue that deserves widespread attention,” Guo explained to the media.
One internet user remarked: “They are so irresponsible!”
Another user pondered: “Given their considerable discord, I wonder how they ended up getting married in the first place.”