How to change a child’s last and patronymic names after a divorce: instructions

Author of the article: Lina Smirnova Last modified: January 2021 13482

The consequence of a couple’s separation is not only the division of common property and the decision of which parent the child will remain with, but also often a change of one’s last name to the one that existed before the marriage. After changing your last name, you usually have a desire to change your child’s last name. Let's consider how to change a child's last name after a divorce at different ages, what conditions must be met, what reasons can serve as the basis for a change, whether it is possible to change it without obtaining the consent of a parent who does not live with the child, and where to go for this.

Why is a child given a different last name?

The main factors that may lead to a change of surname for a child include:

the surname does not match the first name or patronymic or is difficult to pronounce,
during a divorce, when a woman changes her surname received in marriage to her maiden name and wants to give it to her children,
upon deprivation of parental rights,
new registered marriage and subsequent adoption of children,
the child reaching the age of 14 years, subject to his personal expression of will,
the citizen reaches 18 years of age and has his own desire to change his name or surname.

In accordance with the family and civil legislation of the Russian Federation, children take their surname from their parents. If, when registering a marriage, the spouses left their previous surnames, then the child has the right to receive one of them at birth.

Parents or persons replacing them can change the first and last name only for children who are under 18 years of age. In the future, this right is given to the citizen himself upon reaching the age of majority.

Important! The law allows a child to change his surname at his own discretion upon reaching the age of 14, but provided that both parents do not object to this action (Article 58 of the Federal Law No. 143). Otherwise, the issue must be resolved in court.

Parents have the right to change the surname of a child who is under 14 years of age at the time of committing legally significant actions, having secured the consent of the guardianship and trusteeship authorities in the region of residence.

Authorized officials are obliged to monitor the processes that take place in relation to minor citizens in order to protect them from arbitrariness on the part of third parties, including parents.

Changing a child’s surname after 14 years of age, what is needed for this

If a minor wants to change his personal data after turning 14 years old, he can do this in any way:

wait until adulthood and change your last name without mom and dad;
obtain all necessary permits;
obtain full legal capacity and then carry out the procedure.

Having the consent of mom and dad in hand, he can immediately go to the appropriate institution and write a corresponding statement.

The video describes in detail how to change a child’s last name after reaching 14 years of age.

Procedure for changing a child's last name after divorce

The Family Code of the Russian Federation and other legal acts relating to the protection of the family, motherhood and childhood regulate the procedure for changing the surname and first name of a child.

Thus, the legislator in Art. 59 of the RF IC provides for several cases as a result of which this action may occur:

consent of both parents, as well as permission to change the surname from the guardianship and trusteeship authorities,
in cases of adoption. It is possible to completely change the child’s full name at the request of the stepfather/stepmother before the court,
through legal proceedings, when the parents have not reached a consensus on this issue,
upon application to the authorized bodies of one of the parents in cases where the second is deprived of the rights to raise a child or evades this responsibility, his whereabouts are unknown, there are no alimony payments, he is an incapacitated citizen, as well as in cases where there is a dash in the place of the parent in the birth certificate.

Change of surname after divorce.

Changing the surname of a child under 14 years of age

At the age of 14, according to Russian laws, a citizen automatically becomes partially legally capable and has the right to decide issues such as changing his own surname.

But before reaching this age, such a procedure can be carried out with the permission (or on the initiative) of the parents. In this case, father and mother must obtain the consent of their son or daughter (upon reaching 10 years of age).

By law, a change of name may be required:

when adopting a minor;
the child's father was deprived of his rights;
recognition by the father of another person;
in connection with religious beliefs.

The procedure is carried out only in accordance with the norms of the Family Code (Articles 58–59 of the RF IC).

With parental consent

To change the full name of a minor, the consent of both parents is required, even if they are divorced. In addition, this procedure is never carried out without a representative of the guardianship authority. His main responsibility is to protect the interests of the minor.

If there is no parental consent

A minor child cannot change his full name without the permission of both his parents. As an exception, the law allows this procedure to be carried out on the basis of permission from only one of them.

When is consent not required?

The child has the opportunity to change his surname without the permission of his father and mother only when he becomes fully capable. That is, reaches 18 years of age. In the period from 14 to 18 years, full legal capacity is granted only in extreme cases. For example, after registering a marriage relationship.

But there are circumstances when only one parent’s permission is sufficient for the procedure:

the second parent is deprived of his rights;
it is unknown where he is;
paternity has not been officially established;
he is declared incompetent;
evasion of a citizen from fulfilling duties in relation to a minor.

Any of these facts must be proven documented. If everything is clear with the incapacity or disappearance of one of the parents, then the fact of unproven paternity requires explanation. This refers to situations where a baby is born in an unregistered marriage, and the child’s father has not officially recognized him. Then you do not need to require any permission from him.

A parent's refusal to fulfill his or her responsibilities may also be regarded as a denial of paternity. This position may be expressed in a man’s reluctance to support his son or daughter by helping them financially. The simplest example is refusal of alimony. In addition, the father may not take part in raising the children - not attend the educational institution where they study, not devote free time to them, etc. It is difficult to prove these facts, since witnesses will be required.

Mutual agreement

The simplest option is a situation in which both parents do not mind changing the children's surname.

applications to the guardianship and trusteeship authorities to change the child’s surname free of charge in word format

In this case, the procedure is as follows:

appear at the territorial guardianship and trusteeship authorities and submit a joint application,
Attach documents to the application: passports, divorce certificate, birth certificate of the child (children), written consent of a child over 10 years of age (can be expressed orally during a conversation with a specialist), agreement of one of the parents to change the surname drawn up by a notary (if it is needed).

The application will need to provide the following information:

reasons justifying a change in the child’s surname (for example, in connection with the upcoming divorce process),
the child’s previous and new surnames (after approval from the authorized body, the citizen will have his surname changed),
a description that both parents have agreed to carry out this action,
At the end of the application, personal signatures of both parties are placed.

The law establishes a period within which the authorized body is obliged to consider the submitted application. It is one month. If approved, the surname is changed; if rejected, the legal representatives have the right to apply to the judicial authorities to resolve the controversial situation.

applications to the registry office for a name change free of charge in word format

If the guardianship and trusteeship authorities give a positive answer, then the following algorithm of actions is as follows:

contacting the territorial civil registry office with a corresponding application,
documents are attached to the application: permission from the authorized body to change the personal data of the child, a receipt for paid state duty, passports of one or both parents, divorce certificate, birth certificate of children, written consent of a child over 10 years of age (or verbally if a meeting with a specialist at the civil registry office), a notarial agreement of one of the parents, if necessary.

For your information! The civil registry office considers the application within a period not exceeding one month. If the outcome of the cases is positive, applicants receive a new birth certificate with changed personal data. Otherwise, a refusal follows, indicating the reasons in writing. The document can be appealed in court.

Changing a child's surname at the request of one of the parents

Legislation in some cases allows a child’s surname to be changed at the request of one of the parents, if there is a need for this, namely, if a change of surname is necessary for a more comfortable existence of the child.

Changing a child's surname at the request of one of the parents is permitted if the parent is incompetent, has been declared absent or missing, as confirmed by a court decision. In this case, one of the parents must apply with a copy of the court decision to the guardianship and trusteeship authority for permission to change the child’s surname.

In exceptional situations, the guardianship authority gives its consent to change the surname even without complying with the above conditions, if the change of surname directly protects the interests of the child. Most often, such a decision is made by the guardianship authority if the second parent does not take part in raising the child, has arrears in child support payments, or displays inappropriate behavior that may entail restriction of parental rights or their deprivation.

Change of surname upon adoption

A citizen who intends to adopt a child must file a petition in court to assign the latter a new surname (in some cases, a first name and patronymic). To substantiate and confirm the application, the person presents all kinds of arguments and evidence.

The judge, based on the rules of law and not forgetting about protecting the interests of the child, makes a decision that either refuses the applicant or satisfies his demands.

If refused, the plaintiff has the right to file an appeal.

If the decision is positive, you must do the following to complete the process of changing the child's surname:

contact the civil registry office with a court decision with a note on entry into legal force,
present identification documents of citizens,
marriage registration certificate,
birth certificate of the child(ren),
write an application to change your surname.

The civil registry office will issue a new birth certificate for the child with changed personal data. In this case, permission from the guardianship and trusteeship authorities is not required.

Watch the video. How to change a child's last name:

When the father's consent is not required

The family legislation of the Russian Federation allows for the exclusive possibility of changing the surname of children in certain and significant cases.

The mother has the right to apply to the guardianship and trusteeship authorities without the consent of the child’s father. This norm is enshrined in clause 2 of Art. 59 RF IC. However, ordinary desire will not be enough. The legislator has provided for some situations when changing the child’s surname will not affect the interests of the second parent.

If difficulties arise, or the second parent creates obstacles to the completion of this process, then the best option would be to seek qualified legal assistance.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

In what cases can one parent, by personal expression of will, change the child’s surname:

the child was born out of wedlock. That is, at the time of the child’s birth, the parents were not in a legal family relationship, as a result of which the registry office placed a dash in the “father” column (at the will of the mother). In practice, we have to face the following obstacles: the mother will need to prove to the authorized bodies that the second parent does not live with them, does not have a relationship with the child, does not help in raising them and does not support them financially,
if a parent maliciously evades paying child support. In such situations, the child’s representative applies to the judicial authorities with a request to change the personal data of the minor. Evasion of paying child support is a fact that allows you to deprive a parent of the rights to raise a child, as well as begin prosecution by the criminal law. If the court makes a positive decision, then there will be formal steps that will need to be completed to change the child’s surname (application to the civil registry office),
the whereabouts of the other parent are unknown for a long period of time. Here you will also need confirmation and evidence that he does not take part in the child’s life,
the parent does not want to participate in the child’s life by personal will. During the trial, all sides of the case will be considered. In particular, the nature of the relationship between children and such parent,
in cases where one of the parents is declared incompetent. Such citizens do not have the right to decide anything in accordance with the law, since they cannot give an account of their actions due to mental disabilities.

Application for change of passport.

In what cases can you change your last name without your father’s consent?

Helpful information

If there is consent from both parties, the former spouses can formalize the voluntary payment of alimony, confirming this with documents. Read more in this article

The child’s mother can apply to the guardianship authorities for permission to change the surname without the consent of the father (Clause 2 of Article 59 of the RF IC). This is possible if there are compelling arguments provided for in the rules. Permission of the father, who:

deprived of parental rights;
departed in an unknown direction;
is incompetent and this fact is recognized by law;
has not paid child support for more than 6 months;
does not participate in education.

The guardianship authorities do not take it into account, and the request to give the child the mother’s surname is satisfied. A single factor from the above is sufficient to make a decision in favor of the applicant.

The father does not pay his children.

According to the law, a parent acquires the status of a willful defaulter by neglecting the responsibility to support children for 6 months or more. Motivating the request to change the surname with this reason, the mother provides a certificate from the Federal Bailiff Service of the Russian Federation in her region.

The father does not live at the place of registration.

Mom needs to contact the local police officer. Law enforcement officers will issue a certificate confirming the citizen’s absence from the place of registration and placing him on the federal wanted list.

The father is incapacitated.

This condition can occur due to health reasons, which is confirmed by documents, the conclusion of a medical commission, a certificate of registration in a psycho-neurological institution, etc. Incapacity must be confirmed by a court verdict and a copy of a medical or other document.

The father has been deprived of parental rights.

You will need to provide confirmation in the form of a court decision.

The father has withdrawn and does not care about the children.

Here, guardianship takes into account the testimony of people close to the family: neighbors, a doctor from a children's clinic, educators and teachers. The guardianship authorities decide how reliable the testimony of this group of people is in order to make a decision on the father’s non-participation in upbringing based on the confirmation received from them.

The procedure for changing a surname without the consent of the second parent

In cases provided for by law, when the consent of the second parent is not required, the procedure for changing the child’s personal data is as follows:

the sole parent is obliged to appear at the guardianship and trusteeship authorities to submit the appropriate application,
documents are attached: passport, divorce certificate, birth certificate, written consent of a child over 10 years of age (you can express consent orally), a document confirming the fact that the consent of the second parent is not required. This could be a court decision or a statement to law enforcement agencies.

Important! After the guardianship and trusteeship authorities have reviewed the submitted documents (period of one month), you must contact the territorial registry office with an application and the following documents:

parent's passport,
divorce certificate and birth certificate of the child(ren),
consent of a 10-year-old child,
positive decision of the department of guardianship and trusteeship authorities.

Within a period not exceeding one month, the civil registry office is required to issue a new birth certificate for the child with changed personal data.

In practice, it happens that guardianship and trusteeship authorities often refuse the procedure for changing the surname of minors, referring to the norm of paragraph 2 of Art. 59 of the RF IC in the part “taking into account the opinion of the second parent is not required.”

Using this provision, the authorized bodies make a negative decision due to the fact that, for example, the father is deprived of the rights to raise children, but his territorial location is unknown. In these cases, the applicant has the right to file a lawsuit with a request to annul the decision of the authorized body.

How to appeal the refusal of the guardianship and trusteeship authorities

To appeal a document from the guardianship and trusteeship authority, it is advisable to receive it in writing and also make sure that the document is certified by the signature of an official and the seal of the institution.

statement of claim to change a child's surname free of charge in word format

After this, the citizen can go to court with the following package of documents:

statement of claim according to the number of parties who will take part in the process,
identification document,
certificate of divorce or marriage, depending on the situation,
birth certificate of the child(ren),
written consent of a 10-year-old child (or the judge will question it orally during the trial),
documents indicating that the opinion of the second parent in specific circumstances does not need to be clarified,
refusal decision of the authorized body,
receipt for payment of state duty.

Know! As a rule, the court sides with the parent. The latter has the right to file a claim within three months against the department of guardianship and trusteeship authorities in connection with the issued refusal decision (Article 219 of the Code of Administrative Proceedings of the Russian Federation).

It is important to note that consideration of such cases is the prerogative of district courts.

The statement of claim must be drawn up in accordance with the requirements of procedural law (Article 125 of the CAS RF), namely, contain:

details of the court where the application is being submitted,
personal data of the applicant, respondent, residence and location addresses, contact numbers,
the essence of going to court: what right of a citizen was violated by the defendant,
evidence, including documentary,
a completed list of attached documents,
date of application and personal signature of the plaintiff.

If a representative is involved in the trial, a power of attorney drawn up in accordance with the procedure established by law is required.

If the court makes a decision in favor of the plaintiff, the latter has the right to apply again to the guardianship and trusteeship authorities to change the child’s data. However, it is necessary to wait for the decision to enter into legal force.

It is worth noting that the trial must be completed within two months from the date the application was accepted for proceedings. The decision comes into force after the expiration of the period for appealing it – 30 days.

Next, the parent receives permission from the guardianship and trusteeship authorities (based on a court decision they no longer have the right to refuse), and then applies to the registry office with the established package of documents.

Child support in 2021.

Rights of a child born after divorce

The rights of a born child are clearly stated in Russian legislation; they are determined by articles of the Civil Code, Family Code and the Constitution of the Russian Federation.

The circumstances of the birth of the baby are not important - in marriage or outside it, according to Russian legislation, each of them has the same rights, namely:

for last name, first name and patronymic;
for conferring citizenship;
for health protection;
to educate and protect their rights by parents;
to communicate with family members;
for inheritance.

The birth of a child within a month is mandatory registered by the state civil registry office; for this it is necessary to submit documents from medical institutions, and if the birth did not occur in a maternity hospital, statements from witnesses are required.

These documents, plus passports, plus a marriage certificate (if available), as well as the required application form are necessary to obtain a child’s birth certificate, including filling out the column for father and mother. But very often this situation—registration of a newly born baby—causes difficulties.

For example, if his parents have not registered their relationship (civil marriage, or divorced, or the spouse does not want to recognize himself as the parent of the newborn, or a third party claims paternity rights, and, finally, if the woman is single and positions herself as a single mother in the future ).

And this is not a complete list of possible difficult situations associated with the birth of a baby. Particularly many questions arise when children are born after divorce.

Despite the fact that the law protects the rights of pregnant women and it is not easy to divorce them, there are quite a lot of cases of children being born after divorce, and each of them requires separate consideration, including the issue of registering a newborn.

No matter how complex the relationship between parents and third parties may be, the main thing remains the understanding that any born person ultimately receives his own birth certificate, which gives him equal rights and responsibilities as everyone else.

Is it possible to change not only a child’s last name, but also his patronymic?

In cases where a child is adopted, the child's patronymic name also changes. This occurs in court at the request of a person who intends to carry out a legally significant action in relation to a minor.

Other cases:

there is no information about the child's father,
information about the child’s father is included in the certificate according to the mother’s words without a single piece of evidence,
the natural father was deprived of rights to raise the child,
in connection with the child reaching the age of 14 years and his personal desire, as well as parental consent.

Watch the video. The procedure for changing a surname upon marriage and divorce: