Is it possible to change a child's last name without the father's consent? Changing the personal data of minors: is it possible to give a child the mother’s maiden name during marriage/after divorce? Is it possible to give a child his mother's last name?

All major issues relating to parent-child relationships are regulated by the Family Code of the Russian Federation. According to its provisions, all children upon birth are given the right to receive a first name, patronymic, and surname. The full name option chosen by the parents is entered on the birth certificate.

According to the code, if there are both parents, children can be given any surname at birth, by agreement between them. If adults cannot agree, then this issue is resolved with the involvement of the guardianship and trusteeship authorities.

When a baby is born out of wedlock, the assignment of a surname follows different rules.

The procedure for a child to receive it is described in Article 58 of the Family Code, as well as Art. 18 Federal Law“On acts of civil status.”

The following surname options are allowed for children:

from mother;
from father;
double.

In any case, the surname cannot be entered arbitrarily at the sole request of the mother or father. There must be a legal basis for this, as well as official confirmation.

If the parents are dead or deprived of their rights, then the children’s full name is given to their substitutes (trustees, guardians, relatives). Upon adoption, the newborn is registered in the surname of his new family.

Registration of newborns is carried out by the civil registry office at the place of residence of the family. If there is no such branch in the village (city), then you can contact the nearest one. Entries are made upon presentation of the following documents:

certificates from the maternity hospital (other medical institution);
application for registration;
passports of children's representatives;
marriage certificate (or document acknowledging paternity).

You must receive a certificate for children within thirty days of their birth. This procedure is completely free. You only need to pay for the re-issuance of this document.

Is it possible to give a child the mother's surname at birth?

According to family law, it is possible to give a child a different surname at birth.

The procedure for obtaining it depends on several factors:

whether the spouses are officially married;
whether there is consent of the spouse;
whether paternity has been established when children are born out of wedlock.

Children born in marriage are given the surname chosen by their parents. If the husband does not mind, then she can be maternal, and their union is also allowed. Then, in the certificate issued by the registry office, both surnames will be written with a hyphen. In this case, the sequence of their indication can be any.

It is possible to give a child a double surname, provided that it is not too complicated. If one of the parents has a compound full name, then the registry office no longer has the right to double it with another one. The legislation of the constituent entities of the Russian Federation may establish their own rules in this regard.

If the newborn is illegitimate, then several solutions are possible. For example, the marriage was not officially registered, but the man does not deny his relationship with him. Then the issue of the children’s full names is resolved by mutual consent of the common-law spouses. They have the right to agree to give their common child his mother’s maiden name.

There are situations when the father is unknown, the common-law husband does not recognize his relationship with the newborn or does not want to give him his last name.

In this case, the woman can seek to establish the origin of the children through the court. If the court satisfies her demands, then the civil registry office has the right to assign the child his father’s full name.

But not all women want to waste their time on litigation. Therefore, the registry office simply registers the newborn under the maiden name of a single mother. This does not prevent subsequent changes to the entry made.

If a woman subsequently decides to officially recognize the man as the father of her children, then based on the decision made, the registry office will change the data.

Changing a child's last name after divorce

When divorcing, married couples have to deal with many different issues. It is most difficult for those families in which children are growing up. Former spouses must agree on their place of residence, maintenance, and upbringing.

In some cases, questions are also raised about changing the surname of children. The reasons for this may be entering into a new marriage, or changing the personal data of the parents.

The law allows changing your full name, but subject to certain conditions. An important role in this is played by the age of the children, the status of their relatives, and the availability of the necessary permits. If the child is not yet fourteen years old, this is only possible:

by mutual consent of his parents;
with permission from the guardianship and trusteeship authorities.

It is important to keep in mind that upon reaching the age of ten, children also have the right to express their views on this issue. With the consent of both parents and guardianship authorities, taking into account the child’s opinion, it is possible to give the child the mother’s surname after a divorce. When supporting documents are provided by the Civil Registry Office employees, changes are made to the previously made entry and a new certificate is issued.

However, after separation, not all married couples manage to maintain a normal relationship. Therefore, it is not always possible to obtain a man’s consent to change the children’s full name. Difficulty in obtaining permission may be caused by residence ex-spouses in different cities, loss of contacts.

By general rule it cannot be done without the man's consent. But in some cases it is not necessary to take into account his opinion:

If he died or is declared dead. When the fact of death is established through a court, the same consequences occur as in the case of a natural death.
When a man is deprived of parental rights by court decision.
If the court declares him incompetent in full.
If it is not possible to establish his place of stay or residence.
If he does not participate in the lives of his children, does not visit them, and evades paying child support payments.

If at least one of the listed reasons is present, a woman can independently decide on changing her surname. This does not free her from the need to apply for permission from the guardianship authorities and take into account the opinion of children after ten years. To obtain consent, you must provide documents confirming the existence of these circumstances.

If we are talking about deprivation of paternal rights or incapacity, then it is required to present a judicial act that has entered into force. In any case, the final decision is made by the guardianship authority. It is important to know that if the marriage was not registered, but there is an entry about the father in the certificate, then his opinion will also have to be taken into account.

Is it possible to give a mother's surname after 14 years of age?

Once children reach the age of fourteen, changing their last name to another becomes easier. From now on, permission from the guardianship and trusteeship authorities is no longer required. Parents or one of them can decide this issue independently, but taking into account the children's opinion.

If the spouses are still married or have already divorced, they must make this decision together with the children. The initiative can come from the fourteen-year-old citizen himself. He has the right to apply for a change of name if he has written consent from both parents.

If consent is not received from at least one of the adults, then a new entry will not be made by the registry office. If there are objections to changing the children's full name, their consideration can be referred to the court. If the judge establishes the grounds for their change, the registry office will enter new data on the court decision that has entered into force.

Children can take their mother's surname either with the consent of both parents, or of one of them, when the permission of the other is not needed. It is not necessary to obtain the man’s consent even when he is not included in the certificate as the father.

Children can decide on changing their full name on their own only after they reach the age of majority. In our country, it is established from the age of eighteen. In exceptional cases, children who have reached the age of sixteen become fully capable. This is possible if they undergo the emancipation procedure.

Consequently, every citizen of Russia receives a first and last name upon birth. They are assigned by the registry office based on the application of parents or persons replacing them. Children can be registered under the mother's surname by agreement between the spouses, at the request of the woman, when the man's opinion does not need to be taken into account.

A long time ago, a certain tradition developed, according to which both spouses begin to bear the same surname (in most cases, the one that belongs to the husband). When a baby is born in such a marriage, the same surname is given to him. But there are situations in life when it is simply necessary to change a child’s last name. This process is already regulated by law, and in order to complete necessary procedure, appropriate grounds and permission from the guardianship authorities will be required. How to change a child’s surname in order to do everything correctly, you can learn from this article.

From love to divorce

IN family life Every couple experiences difficulties and misunderstandings. It is not so easy for two people who grew up in families with different foundations and habits to get along, even if they are very much in love. Someone can overcome this barrier, being for many years “both in sorrow and in joy,” while someone commits another serious and rather difficult act - divorce.

But now everything is behind us, documents are in hand, the last name has been changed to premarital. In addition, a woman can get married again after some time. And now a completely fair question arises: how to change the child’s surname to the mother’s surname?

If we take into account the Family Code, it says that the child’s surname is determined by the surnames of the parents. If mom and dad have different surnames, then the child’s surname is determined by their mutual consent. Parents who have different surnames are given the opportunity to assign their child a double surname, which is obtained by combining those of mom and dad.

How does the baby's surname change after

There are situations when, when registering a baby who was born to parents who are not united by marriage, paternity has not been established. Then he is automatically registered under his mother’s last name. If the father wants to give the toddler his last name, the parents should submit a general application at the time of registration.

It may also happen that the baby first receives the mother’s surname. But after some time, the parents decide to change their mother’s last name to their father’s, since they live in a civil marriage. In this case, first the official procedure for certifying paternity takes place, and only then you can apply to change the baby’s surname in the documents.

How does a child's last name change after mom and dad separate?

As a rule, after an official divorce, the baby remains with his mother, who, for some personal reasons or out of a purely emotional impulse, wants to change her surname to her maiden name (or premarital name - if, for example, before this marriage she had already gotten married and took her husband’s surname, and after their separation I decided to leave her). But, having decided to change her last name, she begins to think: after the divorce?

Yes, it's quite possible. Only written permission from the child's father is required. And when the baby turns 7 years old, he shouldn’t mind either. Sometimes it is possible to change the surname without asking the father's consent. There is one “but” in this situation: if there are no serious grounds for such an action, then the father will be able to go to court, which, most likely, will be on his side.

Reasons for changing your surname

So, we have already figured out how a baby can get his last name. And yet, the question of whether a mother can change her child’s surname always remains relevant. Let's look at what grounds exist for changing a child's surname:

If one of the parents changes their last name;

If one of the parents is declared incompetent or missing;

If there is a reversal of the court decision recognizing paternity (if this is what justified the change);

If one of the parents has died or is deprived of parental rights;

In case of voluntary recognition of paternity based on a joint application by the child’s parents;

If the child’s surname was given without taking into account the wishes of one or both parents.

Particular attention should be paid to the fact that in order to change the surname of a child who is already seven years old, it is necessary to obtain his consent. Although he is considered a minor, it is his opinion on this issue that will be decisive. Then the parents do not have the right to change his last name, since they may violate the child’s right to his individuality. How to change a child’s surname if such a need arises? Only the court can bypass the child’s opinion. And then provided that it is necessary in the interests of the child.

Whose consent will be necessary?

In order not to worry in vain about whether a child can change his last name and how to do it correctly, you need to know who should agree to this procedure.

In the vast majority of cases, changing a child’s surname depends on age. All this can be understood from the information below.

If the child's age ranges from birth to seven years, then only parental consent is required.

If the child is between seven and fourteen years old, then consent must be obtained from both him and his parents.

If he is already in adolescence, then you also need to obtain the consent of both parties: him and his parents.

If the child has already reached the age of sixteen, then only his consent is required to change his surname.

Is it possible to change a child's surname without obtaining the father's consent?

Yes, yes, anything happens in life, which is why sometimes it becomes necessary to change a child’s surname without the consent of his father. There are several cases when documentary consent is not required from him:

The father was declared incompetent due to mental illness;

The father does not live with his family, and his whereabouts cannot be established;

The father, quite deliberately, without any valid reasons, evades paying alimony, does not take any part in raising the child, and is deprived of rights to the child.

If at least one of these cases is present, then the question of how to change a child’s surname without a father should not arise. All this will most likely be decided in favor of the mother and child.

Changing a child's surname after parents separate

There are three options for resolving this issue.

The first option includes the opportunity to answer the question whether it is possible to change the surname. This can be done without the presence of the second spouse, if he has passed away or is recognized as such, he has been recognized as missing or incompetent.

The second option can be used if one of the parents agrees with the decision to change the surname. If the baby's surname is changed by mom and dad, the surname of the baby who has not yet reached the age of seven changes. If he has already celebrated his seventh birthday, then his surname can only be changed with his consent. This shows respect for the child.

To do everything, you should contact the registry office at the applicant’s place of residence and submit a general application; it will indicate from which and to which name the baby’s surname will be changed.

But, as a rule, the second parent very rarely agrees with changing the toddler’s surname. In this case, the third option is suitable.

The third option is the case when one of the parents does not agree to change the child’s surname. In this case, the dispute between mom and dad will be resolved by the guardianship and trusteeship authority. This will take into account the extent to which the parents fulfill their obligations towards the child and many other necessary circumstances that will certify to what extent the change of surname will correspond to the interests of the child himself.

But you can also go to court: the plaintiff files statement of claim to the defendant. It should state the practical and moral reasons why the child's surname should be changed. When a court decision is received in favor of the plaintiff, the registry office can make a change in the vital record and issue a new birth certificate with all the necessary changes.

Since there is practically no practice of such disputes, it would not hurt the plaintiff’s side to consult with a qualified family lawyer.

How to change your baby's last name?

To do this, you need to prepare the following documents:

An application from mom and dad, and if the child is already ten years old, then permission from him;

Original and copy of birth certificate;

Original certificate of divorce of parents.

It happens that a mother may remarry, and she will want to give the baby the surname of her second husband. How can I change my child's last name after a divorce? This can only be done if the child's father does not mind. If he does not agree, then such a move is possible only when the father is deprived of his paternity rights. And this, in turn, will be impossible if the man participates in the child’s life and pays him alimony.

IN modern world the birth of a child in an officially unregistered marriage is not considered uncommon. Such a marriage has no legal force and the spouses can only be called cohabitants.

Popularly, such a union is known as a civil marriage.. Since this is a fairly common phenomenon, the question remains relevant whether it is possible to register a child in the father’s surname if the marriage is not registered.

After all, the fate of the child and his material well-being may depend on this. Parental relationships work out differently and fathers are not always conscientious about fulfilling their responsibilities towards their children.

From the moment of his birth, any child acquires the right to a surname, first name and patronymic; it is enshrined in both international and Russian legislation.

The child receives a name by agreement of the parents or one of them. If it does not comply with the law, the registry office may refuse.

If a child has a father, he receives a middle name in accordance with his name; it cannot be chosen by the parents. The surname also cannot be assigned to any name; it is determined by the details of the spouses.

The question of what the child’s surname will be if the parents have different surnames most often arises when the relationship between mother and father is not officially registered. In this case, you should act in accordance with the requirements of legislative acts.

The surname is given to the child when registering his birth at the registry office. After this, a birth certificate is issued containing this information.

If the legislation of the subject does not provide for a different procedure for obtaining a surname, then the baby is given the surname of either the mother or the father.

It is worth noting that in 2017, changes were made to the Family Code of the Russian Federation. In this connection, a child can receive a double surname, which consists of the surnames of both parents. Last names can be added in any order using a hyphen.

Before the changes were made, a child could receive a double surname only if one of the parents had it.

In the case of using a double surname, it is prohibited to use a different order of accession when forming the surname of siblings.

Sometimes it happens that the father and mother cannot independently reach agreement on the child’s first and last name. Then the dispute is resolved by the guardianship authorities.

In their decision, they must be guided by the interests of the minor and take into account various factors, including the euphony of these data.

If a newborn is left without parents, his last name and first name are given to him by his legal representatives in accordance with the general procedure.

In the modern world, people are in no hurry to officially register their relationships and often give birth to children in such a union. In this case, the question inevitably arises: is it possible to give the child the father’s surname if we are not registered.

Legislation, which is also in force in 2020, allows us to solve this problem.

If at the time of the baby’s birth, mom and dad did not register their relationship, the child can be given the surname of one of them.

To make a record of the father, paternity must be officially recognized. To do this, the father must write a corresponding statement. If the relationship is not registered, the parent is not required to go through the adoption procedure.

The father's surname can be assigned to the child on the basis of a written application for recognition of paternity. In this case, the mother must confirm her consent.

If a man does not want to acknowledge his paternity, a record of the father can be made by court decision. Thus, the child can be given the father's surname if the marriage is not registered.

In the event that paternity has not been established at the time of issuing the birth certificate, the baby will receive the mother's surname. Once paternity is established in court, it can be changed.

When a child is born out of wedlock, it is important to take into account that if the parent recognizes the child as his own, his presence when receiving the birth certificate is mandatory.

Because he must write a paternity statement. Otherwise, the fact that the child has a father will not be confirmed and the child will receive the mother’s surname.

When a child is born out of wedlock, the father's surname is assigned only with his consent and recognition of paternity. If a parent does not want to admit the fact of relationship with the baby, this can be done during the trial.

Formation of a family relationship leads to the emergence of certain rights and obligations.

In a situation where the father of a newborn dies or the parents are divorced, the child can receive the father's surname if no more than 300 days have passed since the date of death or divorce.

During this time, paternity is recognized automatically and can only be revoked by a court. The surname may change if paternity is disputed in court and the plaintiff's claims are satisfied.

A single mother has the right to give her child her last name. The child also receives a first and patronymic at the discretion of the mother.

The laws of Russia provide for the possibility of changing the surname of a child under 14 years of age. This can only be done with the permission of parents and guardianship authorities.

The termination of a marriage or its recognition as invalid is not a basis for changing the child’s surname.

To do this, both parents must give their agreement, and also, if the child is 10 years old, his consent will also be required, but also the permission of the guardianship authorities.

Changing a child’s data without the consent of the other parent is possible if:

An application to change the surname and patronymic must be submitted to the civil registry office at the child’s place of residence.

When a child reaches 14 years of age, he can change his data according to his application. In addition, a child’s last name can be changed upon adoption.

The court determines the adoption of the child and changes in his data. New data is entered into the registration record based on a court decision.

After this, you can change your last name or first name only by obtaining permission from the guardianship and trusteeship authorities.

If the child and mother have different surnames, difficulties may arise after divorce or the death of the father. First of all, the problems will be related to the obviousness of the family connection.

To avoid this, you need to enter information about the newborn in the mother’s passport in the “children” column. This can be done at the passport office by presenting the child’s birth certificate.

Difficulties may arise when contacting various authorities. Therefore, you should have with you a complete package of documents that confirms the change of surname by the mother and the fact of the relationship with the child.

The following documents are required as confirmation:

Child's birth document.
Divorce document with a note about the mother's change of surname.
Marriage document if the mother got married again and changed her data.
Marriage certificate received from the registry office, which confirms the presence marital relations in past.

In the case of different surnames of the mother and child, there may be problems when traveling abroad with a minor. In such a situation, you should also carry documents with you that confirm the existence of a relationship.

To avoid additional difficulties, you need to have an official translation of the child’s birth certificate. This can be done at the consulate of the country you plan to visit.

Thus, if parents have different surnames, then the child can receive the surname of either mom or dad. If at the time of the birth of the child the mother and father are not in an officially registered marriage, then the newborn can be given the father’s surname.

To do this, the father must write a statement of paternity, on the basis of which information about him will be included in the child’s birth document.

If a parent does not recognize his paternity, this can be done in court, in which case the child can also receive the father's surname.

The application must be accompanied by a birth certificate, a document establishing paternity, marriage or divorce, as well as documents that justify the need and possibility of changing the surname and patronymic. When a child reaches 14 years of age, he can change his data according to his application. In addition, a child’s last name can be changed upon adoption. The court determines the adoption of the child and changes in his data. New data is entered into the registration record based on a court decision. After this, you can change your last name or first name only by obtaining permission from the guardianship and trusteeship authorities. Possible problems if mother and child have different last names If the child and mother have different last names, difficulties may arise after a divorce or death of the father. First of all, the problems will be related to the obviousness of the family connection.

How to give the father's surname to a child if the marriage is not registered?

In such a situation, you should also carry documents with you that confirm the existence of a relationship.

To avoid additional difficulties, you need to have an official translation of the child’s birth certificate.

This can be done at the consulate of the country you plan to visit.
Thus, if parents have different surnames, then the child can receive the surname of either mom or dad.

Important

If at the time of the birth of the child the mother and father are not in an officially registered marriage, then the newborn can be given the father’s surname.

To do this, the father must write a statement of paternity, on the basis of which information about him will be included in the child’s birth document.

If a parent does not recognize his paternity, this can be done in court, in which case the child can also receive the father's surname.

How to give a child his father's last name

How to do this legally? I’ve heard about the procedure for “recognizing paternity” in this case - can you tell me if this is the only way out in such a situation and how it is carried out? Also in connection with this situation, the question is: if the child is under the father’s last name, but his father and I are not married, will I have the status of a single mother (and the benefits that come with it, etc.)? Sincerely, Elena! establishing paternity, a child in a civil marriage Collapse Victoria Dymova Support employee Pravoved.ru Similar questions have already been considered, try looking here:

Can I give the father's surname to the child if we are not registered in marriage?
How to deprive a clan of the rights of the father of a child if the marriage is not registered?

Lawyers' answers (1)

All legal services in Moscow Drawing up a claim for the division of jointly acquired property Moscow from 7,000 rubles.
Collection of alimony Moscow from 20,000 rubles.

Whose last name is the child registered under if the parents are not registered?

If the parents are not registered, then the child’s surname will definitely be from the mother’s.

Patronymic and first name, whatever the mother says. If you want the child to have the father’s surname and the father himself is not against this, then paternity is established right at the registry office, after which an extra “piece of paper” appears in your hands - this is a certificate of paternity establishment and the birth certificate is rewritten with the father’s surname. The procedure is simple and quick, literally 20-30 minutes, depending only on the speed of the registry office employee.

Attention

There is nothing wrong with this, but as the child grows up, he may be asked to comment on this “piece of paper” in order to understand what it means.

How to give a child his father's last name if the father and mother are not registered?

To avoid this, you need to enter information about the newborn in the mother’s passport in the “children” column.

This can be done at the passport office by presenting the child’s birth certificate. Difficulties may arise when contacting various authorities. Therefore, you should have with you a complete package of documents that confirms the change of surname by the mother and the fact of the relationship with the child. The following documents are required as confirmation:

Child's birth document.
Divorce document with a note about the mother's change of surname.
Marriage document if the mother got married again and changed her data.
A marriage certificate received from the registry office, which confirms the existence of a marriage relationship in the past.

In the case of different surnames of the mother and child, there may be problems when traveling abroad with a minor.

Is it possible to register a child in the father's last name if we are in a civil marriage?

The application indicates the surname, first name and patronymic of the child, as well as information about the entry or failure to enter information about the child’s father into the birth certificate and into the birth certificate.

Step 2. Prepare a joint application to the registry office to establish paternity If the parents have agreed among themselves that paternity will be established in the registry office, they should both fill out a joint application from the father and mother of the child, who are not married to each other at the time of the child’s birth, to establish paternity and submit it to the registry office. If the father or mother is not able to submit such an application in person (for example, due to arrest), they need to prepare separate applications on behalf of each (paragraph 1, paragraph 5, article 50 of Law N 143-FZ).

You should contact the registry office with passports, applications, a receipt for payment of the state fee for registration of paternity, as well as for making changes and issuing a new birth certificate if paternity is established later than the state registration of birth.

An application for the birth of a child and a joint application for establishing paternity can be sent to the civil registry office in the form of an electronic document via the Internet (clause 1.1 of article 50, clause 1 of article 16 of Law N 143-FZ). Note! There is no state fee to register the birth of a child. If changes are made later about the child’s father, the state fee will be 650 rubles. For state registration of paternity establishment, it is necessary to pay a state fee in the amount of 350 rubles. (clauses 3, 5, clause 1, article 333.26, clause 1, article 333.39 of the Tax Code of the Russian Federation). You can choose your registration location.

Is it possible to give a child his father's surname if the parents are not married?

Family law How to give a child his father's surname if the father and mother are not registered? In the modern world, the birth of a child in an officially unregistered marriage is not considered uncommon. Such a marriage has no legal force and the spouses can only be called cohabitants. Popularly, such a union is known as a civil marriage. Since this is a fairly common phenomenon, the question remains relevant whether it is possible to register a child in the father’s surname if the marriage is not registered. After all, the fate of the child and his material well-being may depend on this. Parental relationships work out differently and fathers are not always conscientious about fulfilling their responsibilities towards their children.

From the moment of his birth, any child acquires the right to a surname, first name and patronymic; it is enshrined in both international and Russian legislation.

The child receives a name by agreement of the parents or one of them.
In this case, the signature of the parent who cannot come in person is confirmed by a notary or a person with appropriate authority, including the head of the place of detention (paragraph 2, paragraph 5, article 50 of Law No. 143-FZ). In addition, it is possible to submit a preliminary application to establish paternity while the child’s mother is pregnant. This is possible if there are circumstances that give reason to assume that filing a joint application to establish paternity may turn out to be impossible or difficult after the birth of the child (paragraph 2, paragraph 3, article 48

RF IC). It is also possible to establish paternity on the sole application of the father in certain cases (death of the mother, recognition of her as incompetent, impossibility of establishing her whereabouts or deprivation of her parental rights) with the consent of the guardianship and trusteeship authority, in the absence of such consent - by court decision (para.

The termination of a marriage or its recognition as invalid is not a basis for changing the child's surname.

To do this, both parents must give their agreement, and also, if the child is 10 years old, his consent will also be required, but also the permission of the guardianship authorities.

Changing a child’s data without the consent of the other parent is possible if:

The second parent died.
The minor's mother or father has been deprived of parental rights.
The location of the second parent cannot be determined.
The parent does not participate in raising the child and avoids paying child support.
At the time of the child's birth, the parents' relationship was not registered.

An application to change the surname and patronymic must be submitted to the civil registry office at the child’s place of residence.

RF IC). Step 3. Contact the registry office for state registration. The application for the birth of a child must be made no later than a month from the date of birth of the child. There is no specific deadline for filing an application to establish paternity, since such an application can be submitted both during state registration of the birth of a child and after (clause 6 of article 16, clause 2 of article 50 of Law No. 143-FZ). In practice, the deadline for filing an application for the birth of a child is not significant; there are no sanctions for late submission.

Moreover, state registration of the birth of a child who has reached the age of one year or more is possible, including upon reaching adulthood (Art.

Increasingly, when getting married or vice versa, when registering, women express a desire to keep theirs. This position will not surprise anyone, because women have become more self-sufficient and scrupulous about their position in society, and situations can be different: a woman may owe her popularity to her surname, or her husband’s surname is simply ugly.

Therefore, it is completely understandable that returning to one’s premarital surname often becomes a woman’s first goal after a divorce. But if many people treat a woman’s desire to leave with understanding, then when it comes to marriage, the traditional option is to give the baby the father’s surname.

IN modern society Not all women want to submit to such “patriarchy” and the desire to have equal rights with the male sex or a number of other circumstances inevitably lead to the question of whether it is possible to give a child the mother’s maiden name.

There is a positive answer to this question, but much depends on the specific everyday situation, intra-family circumstances and interpersonal, sometimes too difficult, relationships between the child’s parents.

Is it possible to give a child the mother's maiden name?

Married

Based on legal requirements Russian Federation, and specifically the provisions of the Family Code regulating these actions (), the surname of the parents is assigned.

If the parents have different surnames, then the following options may exist:

the baby receives his father's surname;
the mother's surname is assigned;
The child can be assigned a double compound surname, consisting of the full father’s and mother’s names in any order, separated by a hyphen.

But whatever option is chosen, it must be based on complete agreement reached between the parents.

In a situation where the parents are irreconcilable and could not come to mutual understanding in resolving this issue, their disagreement can only be resolved officially through a private appeal to the guardianship authorities, which protect civilians.

In this, although not a common case, in which the matter concerns necessity, one should turn to Article 59 of the same code governing family law.

In accordance with the content of this article, parents have a real right to change the surname that the child now bears, but only if they wish to do so together.

This development of the situation is also carried out only after an official application to the local guardianship authorities, in which competent persons will consider the application and make a decision, taking into account the interests of the child.

As soon as the child turns 14 years old, he can change his personal data on his own, but to do this he will still need written, certified permission from both parents, or he will have to personally file a corresponding claim in court.

After divorce

When parents stop living together, and she already lives under her maiden name, then often a woman who has decided to live without a husband decides to change her baby’s surname previously recorded in the birth certificate. Such a desire is also feasible, but with the consent of the other parent and taking into account the interests of the child.

There are a number of situations when a change of surname can be made without taking into account the presence or absence of the consent of the second parent:

his whereabouts are unknown;
if he is limited in parental rights or in general;
is ;
does not directly participate in or by any means evades its content.

It must be taken into account that actions to change the existing surname of a child over ten years of age are carried out only if the child himself has nothing against such a change. A child at this age has the right to refuse to change his personal data.

How to transfer a child to your last name after divorce

When changing a child’s personal data, it is necessary to proceed from his age; this will determine the number of government agencies involved.

Where to contact?

In order to change the surname, the child must contact the registry office. To do this, select a department at the place of registration of the mother or father, or at the place of birth of the baby.

If the child is not 14 years old, before starting the process officially, you will have to obtain permission from the child guardianship authorities.

It will be easy to obtain approval from the authority if:

both parents mutually decided to give the child the surname of one of them;
after a divorce, the child is given the surname of the parent with whom he will live;
a single mother intends to change her child's existing surname to the one she this moment wears it herself.

Application Form

Changes in the child’s personal data are carried out on the basis of the parents’ submission to the registry office.

In the statement Special attention attention should be paid to indicating the reason why the decision is made to change the personal data of the minor.

Despite the existence large quantity situations leading to a change in personal data, the reason must be compelling. All necessary documents are attached to the application.

Required documents

When changing the personal data of a child who is not yet 14 years old at this time, the first step is to collect a set of documents and certificates required to study all possible negative consequences for the child to the guardianship authorities.

Depending on the existing situation leading to the need to change the surname of a minor, the following may be required:

statement from parents or one of them;
ID cards confirming the identity of the parents or one of them;
child's metric certificate;
certificate of location issued by housing authorities;
a minor’s statement of consent to change his surname if he is ten years old;
a document confirming the conclusion of one of the parents, or maybe both;
certificate of .

The entire set of documentation can be submitted to the guardianship authorities either during a personal visit or by mail.

If there is a situation that allows you to act without taking into account the wishes of the second parent, then the guardianship authorities will need one of the documents:

a copy of the court decision on the restriction or absolute deprivation of the rights to be considered a parent;
a copy of the court decision indicating that the second parent involved in the case is recognized as incompetent or missing at a given time;
certificate of ;
confirmation of evasion of education - debts issued by bailiffs.

After submitting all of the above to the guardianship authorities, parents will receive either permission to change personal data or a reasoned refusal. The decision of the guardianship authorities can be appealed in court.

If the decision is positive, the next authority on the path to changing your last name is the Civil Registry Office, to which you must provide:

passport;
personal statement;
officially certified permission from the local branch of the child guardianship authorities;
receipt;
confirming the fact of payment of the state duty (650 rubles).

The state duty is paid for making the necessary changes to the new civil status act. Before paying, you need to find out the bank account details of the civil registry office where the interested party plans to submit their application. Without payment of the state fee, the application will be refused.

The registry office may refuse to make changes, but must justify its decision in writing. You can appeal the refusal by going to court.

What to do if the father does not consent to changing the minor’s personal data?

If a child living with his mother has a surname different from hers, this can cause a number of problems: misunderstanding kindergarten, school or other institutions, difficulties with, etc.

If, if a woman wants to change her child’s surname to another, the father turns out to be against such actions, then the existing disagreement is resolved by going to court, but with the obligatory participation of the authorities responsible for protecting the interests of children.