(1) A child shall succeed his or her father's surname and origin of surname; provided, when the parents agree to have the child assume his or her mother's surname and origin of surname at the time of filing a report on their marriage, he or she shall succeed the mother's surname and origin of surname.
(2) Where the father is a foreigner, the child may succeed the mother's surname and origin of surname.
(3) A child whose father is not known shall assume the mother's surname and origin of surname.
(4) A child whose father and mother are not known shall, with the approval of the court, establish a new surname and origin of surname; provided, if the father or mother is known after the child has established a new surname and origin of surname, the child may assume the father or mother's surname and origin of surname.
(5) Where a child born out of wedlock is affiliated, the child may continue to use the previous surname and origin of surname subject to the agreement of the parents; provided, if the parents cannot make such an agreement or fail to reach such an agreement, the child may continue to use the previous surname and origin of surname with the approval of the court.
(6) Where there exists a need to alter the surname and origin of surname of a child for the welfare of the child, they may be altered with the approval thereof which the court grants upon a request of the father or mother or the child itself; provided, if the child is a minor and its legal representative may not make such a request, the request may be made by the relative provided for in Article 777 or a public prosecutor.[This Article Wholly Amended on Mar. 31, 2005]