Article 59 of the Family Code – changing the child’s first and last name

Rules for changing the first and last names of young children

Before a citizen reaches the age of 14, his first and/or last name can be changed by his parents, but only if their decision is mutually agreed upon. To do this you need to go through the following steps:

1. Send a corresponding request to the authorities that deal with issues of guardianship and trusteeship. As a rule, obtaining consent from this authority is a quick and easy procedure if the investigative committee sees a real need to change the name, and this is a step in the interests of the minor.
2. Contact the registry office with the necessary package of documents. Paperwork can be completed at the place of registration of the trustees or at the institution where the birth of the child was registered.

To begin the name change process, you need to collect and submit the following papers:

• A statement written from both parents.
• Passports of the married couple (copy with the page indicating the place of registration, and originals).
• Permission received from the guardianship authorities.
• Copy and original of birth certificate.
• Extract from the house register.
• A receipt indicating payment of the state duty.

It is important to know that if a citizen has reached the age of 10, then the registry office employees will take into account his opinion. In the event that a couple has divorced, a divorce certificate and two separate statements will need to be attached to the package of documents. Changing the child's first or last name without the approval of the other party is possible under the following circumstances:

• The mother or father was deprived of parental rights.
• The location of the person cannot be determined.
• The citizen is incompetent.
• There have been established cases of evasion of material support or raising an offspring without good reason.

In one of the listed situations, the mother/father independently submits an application to the guardianship authorities. This may be motivated by the fact that in a single-parent family it is unacceptable for a guardian to have different surnames with the child, or this fact raises constant questions at school or preschool educational institution. These cases must be documented.

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Chapter 11. RIGHTS OF MINOR CHILDREN

Article 54. The right of a child to live and be raised in a family

1. A child is a person who has not reached the age of eighteen years (the age of majority). 2. Every child has the right to live and be raised in a family, as far as possible, the right to know his parents, the right to their care, the right to live together with them, except in cases where this is contrary to his interests. A child has the right to be raised by his parents, to ensure his interests, comprehensive development, and respect for his human dignity. In the absence of parents, in the event of deprivation of their parental rights and in other cases of loss of parental care, the child’s right to be raised in a family is ensured by the guardianship and trusteeship authority in the manner established by Chapter 18 of this Code.

Article 55. The child’s right to communicate with parents and other relatives

1. The child has the right to communicate with both parents, grandparents, brothers, sisters and other relatives. The dissolution of the parents' marriage, its recognition as invalid or the parents' separation do not affect the rights of the child. If the parents live separately, the child has the right to communicate with each of them. A child has the right to communicate with his parents also if they live in different states. 2. A child in an extreme situation (detention, arrest, detention, being in a medical organization, etc.) has the right to communicate with his parents (persons replacing them) and other relatives in the manner prescribed by law.

Article 56. The child’s right to protection

1. The child has the right to protection of his rights and legitimate interests. Protection of the rights and legitimate interests of the child is carried out by parents (persons replacing them), and in cases provided for by this Code, by the guardianship and trusteeship authority, the prosecutor and the court. A minor, recognized in accordance with the law as fully capable before reaching the age of majority, has the right to independently exercise his rights and obligations, including the right to defense. 2. The child has the right to protection from abuse by parents (persons replacing them). In the event of a violation of the rights and legitimate interests of a child, including in the event of non-fulfillment or improper fulfillment by parents (one of them) of the responsibilities for the upbringing, education of the child, or in the case of abuse of parental rights, the child has the right to independently apply for their protection to the guardianship and trusteeship authority, and reaching the age of fourteen years in court. 3. Officials of organizations and other citizens who become aware of a threat to the life or health of a child, a violation of his rights and legitimate interests, are obliged to report this to the guardianship and trusteeship authority at the place of the child’s actual location. Upon receipt of such information, the guardianship and trusteeship authority is obliged to take the necessary measures to protect the rights and legitimate interests of the child.

Article 57. The right of the child to express his opinion

The child has the right to express his opinion when deciding any issue in the family that affects his interests, as well as to be heard during any judicial or administrative proceedings. Taking into account the opinion of a child who has reached the age of ten is mandatory, except in cases where this is contrary to his interests. In cases provided for by this Code (Articles 59, 72, 132, 134, 136, 143, 145), the guardianship and trusteeship authorities or the court can make a decision only with the consent of a child who has reached the age of ten years.

Article 58. The child’s right to a first name, patronymic and last name

1. The child has the right to a first name, patronymic and last name. 2. The child’s name is given by agreement of the parents, the patronymic is assigned by the father’s name, unless otherwise provided by the laws of the constituent entities of the Russian Federation or based on national custom. 3. The child’s surname is determined by the surname of the parents. If the surnames of the parents are different, the child is assigned the surname of the father or the surname of the mother by agreement of the parents, unless otherwise provided by the laws of the constituent entities of the Russian Federation. 4. In the absence of an agreement between the parents regarding the first and (or) last name of the child, the disagreements that arise are resolved by the guardianship and trusteeship authority. 5. If paternity has not been established, the child’s name is given at the direction of the mother, the patronymic is assigned by the name of the person recorded as the child’s father (clause 3 of Article 51 of this Code), and the surname is assigned by the mother’s surname.

Article 59. Changing the child’s first and last name

1. At the joint request of the parents, until the child reaches the age of fourteen, the guardianship and trusteeship authority, based on the interests of the child, has the right to allow the child to change the name, as well as change the surname assigned to him to the surname of the other parent. 2. If the parents live separately and the parent with whom the child lives wants to assign his surname to him, the guardianship and trusteeship authority resolves this issue depending on the interests of the child and taking into account the opinion of the other parent. Taking into account the parent’s opinion is not necessary if it is impossible to establish his whereabouts, deprivation of his parental rights, recognition as incompetent, as well as in cases of parental evasion without good reason from raising and maintaining the child. 3. If a child is born from persons who are not married to each other, and paternity has not been legally established, the guardianship and trusteeship authority, based on the interests of the child, has the right to allow changing his surname to the surname of the mother, which she bears at the time of filing such a request. 4. A change in the first and (or) last name of a child who has reached the age of ten years can only be made with his consent.

Article 60. Property rights of the child

1. The child has the right to receive maintenance from his parents and other family members in the manner and in the amounts established by Section V of this Code. 2. Amounts due to the child as alimony, pensions, benefits are at the disposal of the parents (persons replacing them) and are spent by them on the maintenance, upbringing and education of the child. The court, at the request of a parent obligated to pay alimony for minor children, has the right to make a decision to transfer no more than fifty percent of the amounts of alimony to be paid to accounts opened in the name of minor children in banks. 3. A child has the right of ownership of income received by him, property received by him as a gift or by inheritance, as well as any other property acquired with the child’s funds. The child’s right to dispose of property owned by him is determined by Articles 26 and 28 of the Civil Code of the Russian Federation. When parents exercise powers to manage the child’s property, they are subject to the rules established by civil legislation regarding the disposal of the property of the ward (Article 37 of the Civil Code of the Russian Federation). 4. The child does not have the right of ownership of the parents’ property, and the parents do not have the right of ownership of the child’s property. Children and parents living together can own and use each other's property by mutual consent. 5. In the event of the emergence of the right of common property of parents and children, their rights to ownership, use and disposal of common property are determined by civil legislation.

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Legal comment

The most common reason for changing a surname is the fact that it is difficult to pronounce or is characterized by cacophony. From the point of view of the law, the right to change these registration data is non-property. Therefore, in order to protect the interests of a minor, a certain procedure for changing his name is provided.

The legal commentary includes the following 4 points:

1. Paragraph one clearly describes the conditions under which the guardianship authorities will consider changing the name:
   Both guardians gave their consent.
2. The person has not reached 14 years of age.
3. Approval of this matter is important in the interests of the minor.

The law does not specify what is meant by the interests of a person. Therefore, authorized employees have the right to independently determine this aspect based on each specific case.

1. If family members live separately from each other and, for example, the mother wants to give her daughter her last name, then this issue is resolved by the guardianship organization only on the condition that the opinion of the second person is taken into account. Such a need may not be taken into account when the whereabouts of the father cannot be determined, or he does not participate in the educational process or provision of the offspring for unjustifiable reasons. According to paragraph 2 of Article 59, the opinion of one of the couple may not be taken into account if he was deprived of parental rights or declared incompetent.
2. Paragraph three secures the right of a mother who is not married to the blood father of a minor to change the child’s surname to the one assigned to her. Based on this, children can receive their stepfather’s surname without the adoption procedure if, after registering the marriage, the woman took his surname.
3. The last paragraph (SC 4-59) states that a citizen who has reached the age of 10 must agree to change his name. This requirement is due to the fact that by this period of life a person acquires a certain maturity, and his consent or disagreement has legal significance.

The law also establishes certain requirements for the form of the application and its content. You should familiarize yourself with them before submitting your application; this can be done at the registry office. It is important for the applicant to take into account that this document does not regulate the change of patronymic.

Commentary on Article 59 of the RF IC

1. The article under comment provides for the possibility of changing a child’s first and last name. As a rule, changing a child’s surname and (or) first name is associated with various reasons. Quite often, a change in a surname or first name is caused by their cacophony or difficulty in pronunciation. Since the right to a name is a personal non-property right, inseparable from the personality itself, the commented article, in order to protect the rights and interests of the child, provides for a special procedure for changing his name and (or) surname.

From the literal interpretation of paragraph 1 of the commented article, it follows that parents can change the child’s first and last name under the following conditions: a) joint expression of the parents’ will; b) the child has not reached the age of 14; c) consent of the guardianship and trusteeship authority.

The provisions of paragraph 1 of the commented article on the powers of guardianship and trusteeship authorities in resolving the issue of changing the last name and first name of minors are directly enshrined in the legislation of the constituent entities of the Russian Federation. So, according to Art. 5 of the Law of the Republic of Tatarstan dated February 27, 2004 N 8-ZRT “On the organization of activities of guardianship and trusteeship bodies in the Republic of Tatarstan” <1>, the functions of guardianship and trusteeship bodies include, in particular, resolving the issue of assigning or changing the surname, first name, patronymic name of a minor in cases and in the manner provided for by the legislation of the Russian Federation. At the same time, the law directly states that a change in the child’s first and last name is made based on the interests of the child, for example, due to the dissonance of the first or last name of one of the parents, if the parents have different last names.

——————————— <1> Republic of Tatarstan. 2004. March 2. N 43 - 44.

Once the child reaches the age of 14, the child can change his last name and first name in the general manner provided for in Chapter. VII of the Civil Status Act. Thus, a change of first and last name is carried out by the registry office at the place of residence or at the place of state registration of birth of a person who wants to change the last name and (or) first name on the basis of his application, which indicates, among other data, the reason for the change of last name and (or) first name (Clause 2 of Article 58, Article 59 of the Law on Civil Status Acts). A change of name by a person who has not reached the age of majority is carried out with the consent of both parents, adoptive parents or a trustee, and in the absence of such consent - on the basis of a court decision, with the exception of cases where the person acquires full legal capacity before reaching the age of majority in the manner prescribed by law. When a child’s first and/or last name changes, appropriate changes are made to the birth certificate, a new birth certificate is issued, a corresponding note is made in the passport and it is subject to replacement. As for changing the patronymic, it is allowed only when the father's name is changed.

Transferring a child into guardianship (trusteeship) or into a foster family is not a basis for changing the first and/or last name. Such changes are possible only in the case of adoption (see commentary to Article 134 of the RF IC). The child’s first name, patronymic and last name cannot be changed even after his parents’ parental rights are deprived or their parental rights are limited.

2. Paragraph 2 of the commented article provides that the separation of parents gives the right to the one with whom the child lives permanently to ask for his surname to be assigned to him. Your surname means the one that the applicant bears (premarital, acquired in a new marriage) <1>. The desire of a parent living together with a child to assign his surname to him is quite understandable, since the parent, protecting the rights of his child, tries to protect him from unnecessary unpleasant questions that traumatize the child, which he may be asked in kindergarten, school, in the yard, etc. . However, the desire of such a parent is often subjective, for example, due to hostile relations with her ex-husband, a desire to annoy him, etc. Therefore, paragraph 2 of the commented article allows for the possibility of assigning a child the surname of the parent with whom he lives only with the consent of the guardianship and trusteeship authority, which decides this issue depending on the interests of the child and taking into account the opinion of the other parent. It should be emphasized that it is important for the guardianship and trusteeship authority to take into account the opinion of the parent living separately from the child, and not his consent, since when deciding on the issue of assigning the child the surname of the parent living together with him, he will proceed solely from the interests of the child himself. So, for example, if the guardianship and trusteeship authorities establish that the child has become accustomed to his surname and continues to love the parent living separately who is raising him in the prescribed manner, then they have the right to refuse to change the child’s surname, since this will be contrary to the interests of the child and the parent .

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KP: note.

Commentary on the Family Code of the Russian Federation (edited by I.M. Kuznetsova) is included in the information bank according to the publication - BEK, 1996.

<1> Commentary on the Family Code of the Russian Federation / Rep. ed. THEM. Kuznetsova. M., 2000. P. 167.

According to paragraph 2 of the commented article, the guardianship and trusteeship authority may give permission to change the child’s surname even without taking into account the opinion of the parent living separately from the child, if: a) it is impossible to establish his whereabouts; b) he is deprived of parental rights; c) declared incompetent; d) evades, without good reason, the upbringing and maintenance of a child. When submitting an application to the guardianship and trusteeship authority to assign the child the surname of another parent, the specified circumstances must be confirmed (for example, submitting a copy of the court decision on deprivation of parental rights or declaring the parent incompetent). Otherwise, the guardianship and trusteeship authority, based on the principle of equal parental rights, may regard this circumstance as a violation of the rights of the child and the parent living separately from him.

3. Paragraph 3 of the commented article provides for the opportunity for a child born from persons who are not married to each other, and in respect of whom paternity has not been legally established, to change his surname to the surname of the mother, which she bears at the time of filing such a request with the authority guardianship and trusteeship. It follows that a child can acquire his stepfather’s surname without adoption if, after marriage, the mother began to bear his surname. In such cases, the guardianship and trusteeship authority, when giving consent to this, certainly proceeds from the interests of the child.

4. Paragraph 4 of the commented article, protecting the rights of the child, based on the norms of Art. 57 of the RF IC (see commentary to Article 57 of the RF IC), directly establishes that a change in the name and (or) surname of a child who has reached the age of ten years can only be made with his consent.

Arbitrage practice

Let's consider a case from judicial practice under Art. 59 of the RF IC using the example of the case dated September 18, 2016. Citizen Petrishcheva T.A. represented by representative A.E. Gray appealed to the Frunzensky District Court of the city of Vladivostok with an application to change the last name of the latter. As substantiation of the put forward requirements, the party provided a birth certificate and a paternity establishment form, according to which Seryy S.V. acts as the father, and Petrishcheva T.A. acts as the applicant’s mother.

Citizen Seryy S.V. and citizen Petrishcheva T.A. were legally married, which the parties dissolved, on the basis of which a divorce certificate was issued. The plaintiff decided to change his last name from A.E. Sery. in the name of the mother, Petrishchev A.E. Since the place of registration or residence of the former head of the family is unknown, it is impossible to obtain consent to the procedure out of court.

The statement also says that the defendant did not take part in the maintenance or upbringing of the offspring and did not pay alimony. The request to change the surname is justified by the fact that there are certain difficulties in a number of official matters. However, this procedure does not violate the rights of the plaintiff.

After the court heard the opinion of the plaintiff’s representative and examined the evidence presented in the case, the judge decided to satisfy the claim in accordance with Part 2 of Art. No. 59 of the Family Code.

Article 59 of the Family Code of the Russian Federation regulates a clear and unambiguous procedure that makes it possible to quickly change the last name or first name of a child who has not reached the age of 14. Obtaining permission for the procedure from the guardianship and trusteeship authorities is a prerequisite. Exceptions may be subject to judicial review.

Change of surname upon marriage

According to statistics, changing a surname upon marriage is typical for most women who marry. In this case, the woman takes her husband’s surname, this is due to the traditional Russian concept that a man is the successor of the family, and accordingly, the spouse’s children should bear his surname. A minority of women combine their surnames into a double surname, consisting of the husband’s surname and the wife’s premarital surname; such surnames are written with a hyphen. And a very small number of men “take” their wife’s surname.

The right to choose a surname for both the future spouse and the wife is one of the non-property personal rights entering into marriage. Freedom to choose a surname upon marriage is guaranteed by the Constitution and the RF IC. Each person has the right to decide for himself what kind of surname, whether premarital, common, or double, he will bear upon marriage. Before the Family Code of the Russian Federation came into force, it was prohibited to combine the surnames of both spouses. Today, the constituent entities of the Russian Federation have the right to make other decisions on the issue of the surname of those entering into marriage, this is due to the fact that family legislation falls directly within the jurisdiction of the Russian Federation and its constituent entities. The reason for prohibiting the joining of the surnames of future spouses may be the presence of a double surname in one of them.

To change your surname upon marriage, an application is submitted to the registry office. At the same time, future spouses indicate in it the surname that they will be called after marriage. When registering a marriage, the assignment of a common, double, or premarital surname to the spouses is ascertained and recorded in the appropriate registers. You can change your surname during the period of marriage, but this action takes place on the basis of Art. 58 of the Law on Civil Status Acts. This article states that a person who has reached the age of 14 has the right to change his name. The concept of name includes: patronymic, surname and proper name. You can change your last name at the civil registry office at your place of residence or place of birth registration. Changing a surname upon marriage is registered as a significant action by the registry office.

The civil registry office is obliged to consider an application to change a surname upon marriage within a month from the date of its submission, provided that there are no valid reasons for extending such a period. The maximum period for consideration of an application is 2 months.

To change your last name, you currently have to pay a state fee.

If the registry office makes a decision to refuse to change the surname, such a decision can be appealed under civil procedural law. When making a decision to refuse to change a surname upon marriage, the civil registry office must provide justified and legally supported explanations for such a refusal.

A change in the surname of one of the spouses, according to current legislation, does not automatically entail a change in the surname of the second spouse (Part 2 of Article 32 of the RF IC). This legislative solution is based on the inviolability of the principles of equality of spouses.

In addition to the Family Code, issues of changing the surname or first name of a citizen are also regulated by the Civil Code. So based on paragraph 2 of Art. 19 of the Civil Code of the Russian Federation, we can say that a citizen who changes his last name, first name or patronymic does not lose his rights and obligations that he acquired under his previous last name (first name, patronymic). One of the responsibilities of a citizen who has changed his last name is to notify his debtors, creditors, etc. about this. If this obligation is not fulfilled, the person who changed their last name bears full responsibility for the consequences of the lack of new data from these persons.

After a change of name, surname or patronymic, changes can be made to documents issued in the previous name, surname or patronymic. This can be done for a fee deposited into the account of the relevant organizations.