After the divorce between Mr. Zeng and Ms. Zheng, an American citizen, and his daughter, Jenny, lived in the suburbs of Guangzhou. He always called his daughter Zeng Xiaolin in Chinese and Jenny Zeng in English. Last January 6, Ms. Zheng asked her brother, Zheng Guang, to send Jenny to a kindergarten in Tianhe, Guangzhou for nursery study. As Ms. Zheng is not a permanent resident in Guangzhou, in order to facilitate care and delivery, Ms. Zheng changed her daughter's surname from "Zeng" with her father's surname to "Zheng" with her mother's surname, and "Zeng Xiaolin" became "Zheng Xiaolin", and asked her brother to write the parents of "Zheng Xiaolin" into "Zheng Guanghe and Chen Jin (Chen Jin is Zheng Guang's wife) in the registration materials of kindergartens. 。 On April 15 of the same year, Ms. Zheng brought Jenny to live in the United States. Mr. Zeng was strongly dissatisfied with his daughter's removal. He was even more angry when he learned that his daughter's surname changed from Zeng to Zheng during her kindergarten study. Zeng Guang and Chen Jin deliberately caused Zeng Xiaolin to leave her guardianship and damage her parent-child relationship with her daughter. He filed a petition suing his ex-wife's brother, brother-in-law and kindergarten and demanded compensation for spiritual damage. It also asked the kindergarten to apologize to its daughter.
First instance: The court of first instance held that according to the relevant provisions of China's Marriage Law, children can follow their father's or mother's surnames. Either parent or father shall abide by the principle of equality and consultation between parents when naming or renaming disabled children. When Ms. Zheng changed her daughter's surname after her surname was confirmed, her daughter was not over 10 years old, and she was an incapacitated person. She changed her daughter's surname without the consent of the appellant Zeng Mou. This behavior violates the principle of parental equality in naming children. However, because Mr. Zeng did not list his ex-wife as the defendant, the court did not pursue Ms. Zheng. At the same time, the court also held that Mr. Zeng's claim for compensation for Zheng Guanghe and Chen Jin lacked factual and legal basis, and the court did not support it. The kindergarten has no fault in infringing Zeng Xiaolin's right to name, and it does not need to apologize. Mr. Zeng refused to accept the first trial. Appeal was filed with Guangzhou Intermediate People's Court.
Second instance: When Jenny did not have a Chinese name at all, Zheng Guanghe and Chen Jin gave several unexpected reasons to Mr. Zeng's appeal: 1. According to the relevant agreement and actual situation, after Mr. Zeng and Ms. Zheng divorced, his daughter was raised by his mother rather than his father; 2. The court of first instance found that it was a mistake for Jenny Zeng to have the Chinese name "Zeng Xiaolin" because of Jenny. Yzeng does not have a Chinese name at all, so there is no such thing as the saying that "Zeng Xiaolin" has become "Zheng Xiaolin". According to the investigation of Guangzhou Intermediate Court, Zheng Guang did go through the admission formalities as Jenny zeng's father at that time, which in a certain extent constituted damage to Mr. Zeng's reputation and should bear the civil liability of eliminating the influence and apologizing. But at the same time, the court held that there was no evidence to prove that Mr. Zheng's tort had caused serious consequences to Mr. Zeng and Jenny's spiritual damage. Therefore, he did not need to make compensation for the spiritual damage. Finally, the final judgment of the Guangzhou Intermediate Court, Zheng Guang, apologized in writing to Mr. Zeng and posted a written statement correcting the name of Jen nyzeng's father in the kindergarten, rejecting other lawsuits filed by Mr. Zeng and his daughter.