Article 59 of the RF IC. Changing the child's first and last name (current edition)

Why is a child given a different last name?

There are several reasons why parents are ready to change their child’s surname. The most common:

• the surname is inharmonious, difficult to pronounce;
• the family collapsed, the ex-wife takes a premarital surname for herself and her children;
• deprivation of one of the parents of parental rights;
• another marriage and adoption of a child;
• reaching adulthood, having matured, a teenager has the right to refuse to bear his former surname.

As stipulated by the legislator, children must bear the surname of their parents. If after the wedding the newlyweds do not change their surnames, the children may be given the surname of one of the spouses.

Note. A minor child can change their last name. An adult decides independently what data he will continue to live under. If before the age of 18 all metamorphoses with the surname of a small citizen occur at the will of adults, then after that it is necessary to find out whether the son or daughter wants this.

If a child who has reached the age of majority wants to exercise the right given to him, he will have to obtain the consent of both parents (Article 58 of the Federal Law No. 143). If the parents are against, the issue is considered in court. The issue of changing a surname is controlled by the state. If parents intend to change the surname of a child who is not yet 14 years old, they will have to obtain permission from the guardianship authority that protects the rights of children.

General procedure for changing a child’s surname depending on age

The law states that a baby born in marriage must receive the surname of one of the parents. Spouses can change their children's surname at will only until they reach 14 years of age. When they turn 14, children have every right to decide for themselves what surname they will use. Upon reaching the age of 10 years, when considering an application for a change of surname, the competent authorities ask the child’s opinion on what personal data he would like to have.

When the teenager celebrates his 14th birthday, the mother can change his last name to her own. But such a procedure is carried out only with the permission of the registry office.

Children aged 16-18 years can make decisions about their personal data without taking into account the opinions of their parents. If they wish, they can independently collect and submit papers to change their last name when their parents divorce.

When is it permissible to change the surname of a child under 14 years of age?

How to give a different surname to a minor heir and what documents are needed is regulated by Art. 59 RF IC. A change of surname is allowed and will take place in cases where there is:

1. The will of the father and mother.
2. The intention of the parent (in case of divorce) with whom the children remain. Custody officials are in favor if the other parent is not against it. If one of the parents has disappeared, been deprived of parental rights, is incompetent, or has deliberately withdrawn from raising and providing for the child without serious reasons, the consent of such parent is not asked.
3. The wish of a mother who gave birth while unmarried. The man's relationship has not been officially confirmed.

Guardianship employees, for the benefit of the children, have the right to consent to the adoption of the mother's surname.

Where to start the change procedure.

To change a child’s last name, you need to prepare several certificates. The employees of the guardianship department will tell you which ones. In each specific case, the number of required papers will differ. A sample list includes:

• statement;
• parent's passport;
• child's birth certificate;
• certificate of place of registration;
• others, depending on the specific situation.

Guardianship authorities have the right not to require the expression of the will of the second parent in cases established by law. The legality of such a decision must be supported by documents. For example, the fact of death is a death certificate and so on.

You may need the following sample documents: Application to the registry office to change the child’s surname Application to the guardianship authorities to change the child’s surname

Statement of claim to change the child's surname

Documents for changing your last name

When completing the procedure for changing a surname, it should be taken into account that in addition to the application, the initiator, depending on the reason, must provide the following documents:

• photograph of the applicant;
• identification document of the applicant;
• the applicant's birth certificate;
• autobiography, which indicates when and where civil status registration was carried out (this can also be stated in the application);
• changing your surname upon marriage requires the provision of a marriage certificate;
• changing your surname after a divorce requires providing a certificate of divorce;
• birth certificate of minor children;
• certificate of adoption or paternity;
• other documents that may confirm the reason indicated by the applicant as the basis for changing the surname.

Where to apply, what fees to pay, terms of issue

The procedure for changing a surname is subject to a fee of 650 rubles. If the change occurs after adulthood, when the offspring already has a passport, another 1000 rubles will be needed. If you only have to change your birth certificate, it will cost less, only 400 rubles. It is better to act in the following sequence:

1. Collect certificates (list given above).
2. Provide them with guardianship.
3. Having received the approval of guardianship, apply to the registry office, be sure to attach a certificate of payment of the state fee.

The duration of consideration of the application is generally no more than 30 days, in special cases - up to 60 days.

List of documents required for this procedure

Before contacting the registry office, you must prepare the following papers and certificates:

1. Statement.
2. Birth certificate of a minor.
3. Papers certifying the conclusion and/or dissolution of a marriage.
4. Parents' passports (one passport if one of the parents submits the application).
5. Permission for the procedure from the guardianship and trusteeship authority (notarized).
6. A certificate confirming payment of the state duty.

If a citizen who has reached the age of 14 changes his last name, he also provides his passport. He does not need to prepare documents with the guardianship authority.

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.

Where to go to change a child’s surname, procedure

The procedure consists of several important steps:

1. Contacting the guardianship authorities. To obtain written permission, mom and dad must submit a joint application. If this cannot be done, then appropriate documents will be needed confirming that the procedure can be carried out without the second parent.
2. Contact the registry office. You also need to submit an application and accompanying papers.
3. The reply is in process.

After this, applicants can only receive new documents with new information.

Is it possible to change a child's last name after a divorce?

note

Different surnames for mothers and children cause various issues, especially during school years. In order not to traumatize the children, it is better that they and their mother have the same last name. The question of how to return your maiden name after a divorce will be discussed in this article.

In the vast majority of cases, during a divorce, children do not remain with their father. If a mother takes her maiden name again, most often the child is given the same name. According to the law, you can change a child’s last name after a divorce with the permission of the ex-spouse. If he does not agree, he cannot be forced. Except in cases where there are compelling reasons provided for by law, we have given them above.

If, after a divorce, the spouse created a new family and wants all children, both from her first marriage and those born in the new union, to have the same last name, she has the right to apply for guardianship, having previously received the “okay” from her ex-husband. Moreover, if only a change of surname occurs, and not adoption, the biological father retains all rights and obligations in relation to his natural child. He has the right to communicate with him, take part in his upbringing, and bear the responsibility for the material maintenance of the child. In this case, the information in the “father” column on the birth certificate does not change.

If the child is under 14 years old

The complexity and duration of the procedure for changing a surname for a child under 14 years of age depends on the consent of both parents.

How to change your last name if both parents agree

What steps need to be taken:

1. Obtain consent from the other parent.
2. Obtain permission from the guardianship and trusteeship authority at your place of residence.

First, both parents must write an application. If the father cannot be present in person, he must provide notarized consent. The application must indicate the reasons for changing the surname (for example, the return of the mother's maiden name after a divorce, the mother's remarriage and the adoption of a child by the spouse).

Parents must also provide the following documents:

• your passports;
• child's birth certificate;
• parents' divorce certificate;
• mother's remarriage certificate (if available);
• consent from the second parent (if he did not appear);
• consent from the child (if he is over 10 years old).

The parents' application is considered within a month, after which the guardianship issues permission.

1. Obtain a new birth certificate from the civil registry office.

First, parents need to contact the registry office and fill out an application. It must be accompanied by all documents, guardianship permission, as well as a receipt for payment of the state fee (in the amount of 1,000 rubles).

A month later, the registry office employee makes changes to the birth register and issues the parents a new birth certificate for the child.

If parents encounter difficulties in obtaining permission to change the child’s surname, they have the right to appeal the decision of the guardianship authority or the registry office in court.

How to change a child’s surname and patronymic after a divorce without the father’s consent

Despite the fact that the law obliges parents to reach agreements on the issue of the surname of joint children, there are cases when the consent of the second parent is not required . Such cases include:

• Absence of a spouse and lack of information about his whereabouts;
• According to the court, the spouse is deprived of the rights to the child and any participation in his upbringing;
• Deprived of legal capacity by court;
• Consciously avoids participating in the upbringing and financial support of the child for unjustified reasons. This option can always be questioned in court at the initiative of the parent who is charged with evading the fulfillment of his duties as a parent, if he presents significant evidence of the inability to properly fulfill his obligations to the child.