Is it possible and how to change a child’s last name after a divorce?

When a married couple separates, they try to get rid of the ex-husband’s surname. If a divorced woman returns her pre-wedding surname, there are usually no difficulties with this. Is it also possible to easily change a child’s surname without the father’s permission and how to do this, we will find out below.

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.

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 If one of the parents has disappeared, been deprived of parental rights, is incompetent, or has deliberately withdrawn from raising and providing for the child without serious reasons, the consent of such parent is not asked.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.

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.

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

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.

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.

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.

Father deprived of parental rights

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

The father has withdrawn himself 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.

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

According to the law, it is possible to change a child’s middle name at any time upon adoption by the mother’s next spouse. Then the adopted person takes not only a different surname, but also the patronymic of the adoptive parent.

Other cases when you can change a child’s surname and patronymic:

1. There is no information confirming paternity.
2. Information about the father is included from words, there is no official evidence.
3. The legal father is deprived of parental rights.
4. Upon reaching 14 years of age.

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

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.

Conclusion and results

Every person has the right to change his last name (Article 19 of the Civil Code of the Russian Federation). Provided that he is obliged to fulfill all his obligations that were assigned to him under his previous name. At the registry office it is necessary to register the change and obtain the corresponding document.

All other documents will also have to be replaced and received under a new surname, having paid for the services for their registration.

If the name change is made for some selfish purposes, the acquisition of rights, material wealth, this action is qualified as forgery and is criminally punishable.

How to change a child’s last name after a divorce without the father’s consent and is it possible to do this?

There can be many reasons why a minor needs to change his last name. Sometimes parents part on extremely negative terms. But often the change is caused by rational arguments. Different data between mother and child lead to the fact that the woman will have to prove her relationship with her own son.

To do this, you will need to present your birth certificate everywhere. A man does not always approve of such a decision. Let’s take a closer look at how to change a child’s last name after a divorce without the father’s consent.

Changing personal data of minors

The procedure for changing a surname varies depending on the age of the minor. The Family Code provides for various options for changing data for children:

• from 0 to 9 years;
• from 10 to 13 years;
• from 14 to 18 years old.

A citizen who has reached the age of 18 has the right to independently change his personal data. He does not require additional permission. Parents can change the surname of a minor child. The law sets restrictions on her choice. You can only replace it with the surname of the second parent.

General aspects of changing a surname between the ages of 0 and 13

Changing the personal data of a minor has its own characteristics. Parents who wish to change their child's surname must follow the following procedure:

1. Obtain parental consent.
2. Obtain permission from the district guardianship department.
3. Register the change in the district registry office.

Parental consent

If changing the surname is a common decision of the parents, then they will not have any difficulties with the process. Each of them issues written consent. The document is drawn up in simple written form at the district guardianship department in the presence of a specialist. The citizen confirms his consent with his signature.

A sample of a father's permission to change a child's surname can be downloaded here

If the second parent lives in another region, he must provide consent certified by a notary. The document is sent to the applicant or directly to the district guardianship department.

Important! Parents' consent is only required if they live together or are in a registered union.

Permission from the district guardianship department

Is it possible to change a child's last name after a divorce? This requires permission from the district guardianship department. The document is drawn up in the form of a decree or order from a local government body.

Permission is required even with mutual consent of the parents, it determines whether the rights of the minor are violated. For example, if you apply again to return your previous surname without sufficient grounds, a specialist from the guardianship department will refuse to issue an order.

To receive the document you must:

• contact the guardianship department;
• submit a joint application;
• attach documents and parental consent;
• receive a response from the local government.

First, parents must find out the reception schedule for citizens. This information is located on the website of the local government and on a stand in the building of the district guardianship department. It is important to clarify the admission procedure (the need for an appointment in advance).

The application is completed on a form provided by a department specialist. The document must include the following information:

• name of the local government body, data from the head of the compulsory medical insurance;
• parents' data;
• document's name;
• information about the reasons for the change;
• request for a permit;
• application description;
• date, signature.

The application must be accompanied by:

• copies of mom and dad's civil passports;
• documentation of the minor's birth;
• information about the dissolution of the union between the parents (if any);
• marriage certificate (if the mother is in a new marriage);
• the opinion of the second parent (if he is not present in person);
• consent of a minor aged 10 to 13 years.

A response to the application is issued 14 days after the documents are submitted. It is issued in the form of an order or order. The document may contain information about both consent and refusal.

Attention! The timing and procedure for obtaining a permit may vary depending on the region of application. The procedure is determined by regional administrative regulations.

Registration of changes in the regional registry office

The body authorized to change a child’s surname after a divorce is the district registry office. Parents must provide the following information:

• civil passports of mother and father;
• birth document of a minor;
• order of the guardianship department;
• application for change;
• duty receipt.

The fee in 2018 is 1,000 rubles. The period for reviewing documents is 30 days. The specialist makes changes to the registration book. Parents are issued a new birth document.

Change options

Is it possible to change a child’s last name without the father’s consent after a divorce? Consent to a change is required only in cases where the parents are married and live together. After a divorce, you only need to take into account the opinion of the parent who lives separately.

Taking into account opinions means clarifying the citizen’s attitude towards making changes. However, the guardianship authority is not obliged to follow his decision. The permission must be taken to protect the interests of the minor.

The law provides a list of grounds according to which the father’s opinion is not required to be taken into account at all. Among them:

• recognition as incompetent;
• unknown absence;
• deprivation of parental rights;
• evasion of duties, including failure to pay alimony.

To prove the above facts, the applicant must submit the following documents:

• court decision (in case of deprivation of rights, incapacity or recognition as missing);
• information about the existence of debt for financial support of a minor;
• decisions on bringing to administrative responsibility for evasion of financial support for a child or failure to fulfill other duties;
• other evidence.

How to appeal the refusal of a guardianship authority

Is it possible to change a child's last name after a divorce? The law does not prohibit the guardianship authority from giving permission to change the details of a minor in the event of parental divorce, if the father is against it. The only condition is the feasibility of such a change.

The need is determined individually. The most painless process for a child is to change their surname before the age of 6. So that before entering school he has time to get used to the new surname and respond to it.

If the mother’s application is refused, the woman has the right to challenge such a decision in court. The law establishes a 14-day period for challenging acts of a local government body in court.

In the process, the woman must prove that the different surnames of the mother and child interfere with an active social life. In order to purchase tickets for a minor, a divorce and birth certificate is required to prove the relationship. You will have to carry these documents with you at all times and present them upon request:

• when registering for kindergarten;
• when entering school;
• for carrying out any medical procedures;
• when crossing passport control;
• in other situations.

Important! The court almost always takes the mother's side when considering an application to change the child's surname after a divorce.

Changing the surname of a child from 10 to 13 years old

Changing a child's surname without the father's consent after a divorce is possible. Depending on the age of the minor, the situation becomes more complicated. A citizen over the age of 10 is given additional rights and responsibilities. Among them is the right to opinion.

Taking into account the child’s opinion on changing the surname in the event of parental divorce is mandatory. In its absence, it is impossible even to challenge the decision of the guardianship authority in court. The court is obliged to protect the rights of a minor, including his first name, patronymic and last name.

This situation arises if a woman wants to change her child’s surname to the one she received in her new marriage. If the stepfather and the minor do not have a good relationship, he may refuse.

How to change your last name after your fourteenth birthday

Is it possible to change the surname of a child over 14 years old during a divorce? There is such a possibility. In the absence of solidarity with the father, it is more difficult to realize it. After reaching 14 years of age, a minor becomes partially capable. From now on, he does not need an order from the guardianship department to change his last name.

However, the obligation to provide the consent of the father and mother to the registry office remains. If the man is against it, it is possible to resolve the issue in court. To do this, the minor goes to court to protect his rights. If the court satisfies the request (in most cases), then the child receives a court decision.

The application form is provided by specialists from the Civil Registry Office. The applicant is a child. The document must include the following information:

• department name;
• personal data of the applicant;
• civil passport details;
• nationality;
• citizenship;
• place of registration of the minor;
• new surname;
• parental consent or court decision.

A minor is not exempt from paying the fee. After submitting the application, a new document on birth and change of surname is issued on the same day.

Based on them, it is necessary to change the passport. The citizen is obliged to do this 30 days from the date of receipt of new documents.

Changing data for a minor over 16 years of age

How to change a child's last name after a divorce? In some cases, a minor can do this himself. A citizen over the age of 16 has the right to early acquisition of full legal capacity. From this moment on, he can change his surname without the consent of his mother or father.

The declaration of emancipation is made as follows:

• by decision of the district guardianship department;
• by court decision.

In order to receive emancipation, a minor must:

• carry out business activities;
• work under an employment contract;
• get married.

If the parents agree to recognize the minor as emancipated, the guardianship authority issues an order. From this moment on, the child receives all the rights and responsibilities of an adult. If the parents object to emancipation, the child can independently go to court to protect his rights. In this case, proof of emancipation will be a court decision.

After the parents divorce, the child's surname can be changed to the surname of the mother or father with whom the minor remains to live. The rules for modification vary depending on the age of the child. If the mother decides everything for a child under 9 years old, then after 10 years old, he independently decides whether he wants to change his data.

From the age of 14, it is not necessary to obtain an order from the guardianship authority. An emancipated child over the age of 16 can decide to change data without parental consent.

How to change a child’s surname without the father’s consent: features of the procedure and procedure

How to change a child’s last name after a divorce is the main question of many mothers who have decided to divorce. Next, we will talk in detail about all the pitfalls that await you, especially if the procedure is carried out without the consent of the father.

Almost half of married couples who have lived together, sometimes for a year or two, and sometimes for decades, decide to divorce. The reasons for divorce, as a rule, are a lack of understanding, financial troubles and other circumstances that, in the opinion of the spouses, prevent further cohabitation.

As a rule, when considering claims for divorce, courts try to facilitate the reconciliation of the parties by assigning an additional period for resolving controversial issues.

However, despite this, termination of marital relations remains the inalienable right of both husband and wife, therefore, if the latter still do not find a common language, the marriage is dissolved.

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

It should be noted that divorce makes adjustments to the future lives of not only former spouses, but also their children. So, after the termination of the marriage relationship, each of the parties has the right to keep the surname that was during the marriage, or change it. The same norm is valid for a child.

There are usually no difficulties with changing a child’s surname if both the ex-husband and wife agree to amend the child’s Birth Certificate.

In case of disagreement on this issue, for example, when the father is against the fact that the child will no longer bear his last name, the issue is resolved in court.

The article provides detailed information on how to change a child’s surname without the father’s consent, where to go to do this and what actions to take. You will also be able to find out what needs to be done after receiving a court decision satisfying the claim for a change of surname, and where to go to make changes to your child’s main document - his Birth Certificate.

When changing a child's surname is allowed without the consent of the father

The legislation regulating family legal relations provides for a number of cases when changing a child’s surname is allowed without the consent of the other parent.

Please note that changes to the child’s Birth Certificate occur only if there are substantial grounds, therefore the mere desire of the mother or father to change the child’s surname is not enough.

To implement your plan, you will need to provide the necessary documents, refer to the law and justify your decision. In view of the above, we can conclude that the help of a lawyer specializing in family law will not hurt.

This is especially true in cases where significant resistance is expected on the part of the second spouse.

1. At the time of the child’s birth, his parents were not married, that is, the marriage relationship was not officially registered by the registry office. As a rule, in such cases, information about the newborn, in particular his last name, is entered into the Birth Certificate according to the mother. However, the birth of a baby out of wedlock is not enough. When contacting social service authorities, it is necessary to provide reliable evidence indicating that the child’s father lives separately and lacks assistance from him, both material and moral;
2. Failure of the father (mother) to pay alimony. Failure to pay alimony may serve as grounds for depriving a child support payer of parental rights who evades the obligation to support his child. Deprivation of parental rights is carried out in court. If the court satisfies the claims, the issue of changing the child’s surname becomes simply a formality. Please note that malicious evasion of child support is not only a basis for depriving the violator of parental rights, but also a criminal act provided for by criminal law;
3. The place of residence of the child's father (mother) is unknown for a long period. In this case, it is necessary to prove the fact that the father (mother) does not take part in raising the child, does not provide financial assistance and is not interested in the child’s life at all;
4. The father (mother) consciously refuses to participate in the upbringing and life of the child. When considering the case on the merits, the court takes into account not only the fact of the lack of moral and material support on the part of the defendant, but also the nature of the relationship between the latter and the child whose surname is being changed;
5. The basis for changing the surname may be a court decision declaring the father (mother) of the child incompetent, as well as if the parent is characterized by mental disabilities, due to which he is not able to realize his actions and make decisions independently.

Where to go to change a child's surname

There are two ways to resolve the issue of changing a child’s surname:

1. through guardianship and trusteeship authorities;
2. in the manner of judicial proceedings.

In the first case, the procedure will be as follows:

• submitting an application to the social service at the place of registration of the child, indicating the reasons for the decision to change the surname;
• waiting for the result.

When contacting the guardianship and trusteeship authorities, you should take into account the fact that you can get a positive result only if there are significant reasons, therefore, when drawing up an application, you need to pay more attention to their detailed description, and also, if possible, attach documents confirming your words.

According to statistics, the percentage of satisfactory decisions made by social service agencies is not that high, so in most cases, cases of this kind are considered in court.

Many applicants, taking this fact into account, prefer to immediately go to court with a statement of claim to change the child’s surname, bypassing the guardianship authorities.

This is completely legal, since the opportunity to defend one’s rights in court is guaranteed by the Constitution of the Russian Federation, as well as other substantive and procedural legislative acts.

Some strategic nuances

To speed up the process of judicial consideration of the issue, it is recommended to involve an experienced lawyer in resolving it. Usually the strategy is structured in such a way as to convince the judge to grant the claims. The following arguments can be used:

• the claim to change the surname is justified by the inconvenience that arises due to different surnames of the mother and child. The plaintiff is forced to constantly prove her relationship with the baby by providing his Birth Certificate and her passport;
• different surnames of the mother and child can provoke difficulties in the future when the latter enters into an inheritance;
• any legal actions related in any way to the child require the participation of the other parent, which is not always convenient. For example, in order to register a child’s place of residence, it is necessary to attach to the standard package of documents permission to carry out this action, issued by his father (mother). If the ex-spouse lives nearby and there is a connection with him, this will not cause problems. Otherwise, it will be quite difficult to resolve this situation.

After receiving a satisfactory decision in court, the document should be submitted to the registry office, whose employees will make appropriate changes to the baby’s Birth Certificate. On average, the procedure for issuing a new Certificate takes no more than a month.

Changing a child’s surname without the consent of the father (replacement) 2023 - after a divorce, is it possible for a minor at 14 years old?

Changing the child's full name is permitted at the general request of the parents. If the father is indicated on the birth certificate and is raising the child, then it is imperative to listen to his opinion, even if the child lives with the mother.

Family law provides for the possibility of changing a child’s surname at the initiative of the parent who directly lives with the minor. The law talks about taking into account the position of the parent, but does not provide for his mandatory permission, even if he is raising a child.

In 2023, the surname can be changed without taking into account the father’s opinion when his place of residence or temporary stay is unknown.

If a child was born from persons who were not married and paternity is not legally confirmed, then the child’s surname is also allowed to be changed at the initiative of the mother. The only condition: the absence of information about the father in the birth document.

What do you need to know?

To change a child’s surname without the father’s consent, a compelling reason is needed, which should preferably be stated in writing. The guardianship service considers the application taking into account the required period - no more than one month.

A decision will be made only if the reason for changing the surname is recognized as valid.

Litigation for this reason is rare and is usually associated with other claims, often of a property nature.

What does the law say?

To find out how to change a child’s surname without the father’s consent, you need to study the norms of Federal Law No. 143 of 1997. The procedure for changing the name is regulated by Chapter 7 (Articles 58-63). The guardianship authorities are authorized to make a decision to change the surname or refuse to satisfy such a request.

If a woman lives with her child and wants him to bear her last name, then she can submit a corresponding application to the registry office herself.

There is no need to take into account the father's opinion if he is not included in the birth document.

The procedure for filing an application is established in Art. in Art. 59 Federal Law No. 143. The norm regulates the mandatory contents of the form and the list of required documents.

The procedure for state registration of last name changes is regulated by Art. 60. Registration may be refused if the provided documents contain inaccuracies or information is lost.

Changing a child's surname without the father's consent

Usually parents write a general statement indicating the new desired surname for the child. The father's permission is also important if the child is already 14 years old and wants to change his last name.

You can change your name on your own only when you are an adult or after receiving full legal capacity at 16 years old - by way of emancipation.

Consent is not required when the father does not raise the child at all or completely loses parental rights.

For a minor

Before the child is 14 years old, a written application is submitted by his mother. In the document, she must also indicate why there is no need to take into account the father’s opinion. All reasons must be supported by written information.

A minor aged 14-18 years can also apply.

The father's permission, in any case, is not necessary if he is distant from the child and evades his parental responsibilities. The guardianship authority also takes into account the interests of the child and verifies the authenticity of the submitted documents.

After divorce

After a divorce, the child remains with the surname under which he was registered at birth.

The question of changing the surname can be raised in a statement of claim for divorce - especially if a man does not raise his child, or when he has lost parental rights.

• In other cases, you will have to contact the registry office and resolve the issue administratively.
• It is easy to change the surname without taking into account the father’s opinion if the man is in the MLS, especially when he has been convicted of a serious crime.
• Such circumstances should be stated in the application.

If the parents are not married

1. Having a registered marriage is not considered a significant obstacle.
2. The main thing is to be able to confirm that it is not necessary to take into account the father’s opinion (for example, if he does not take part in raising the child or does not pay child support).
3. Even if he is against changing the surname, this does not mean that it is impossible for the guardianship authority to make a decision in favor of the mother.

At 14 years old

At this age, a minor himself can ask to change his last name.

A similar statement can be made by his legal representative, since according to Russian legislation, a child is considered a citizen under 18 years of age.

When is consent not required?

It will not be needed if the father has become incapacitated, evades parenting, is missing or is deprived of parental rights.

The final decision is made by the guardianship service.

What to do if the parent is against it?

The father cannot prohibit, he only has the right to express his opinion. The final decision is made by the guardianship authority, after a joint and separate conversation with the parents. Refusal to change a surname must be motivated.

Where to contact?

To change your last name, you must come to the guardianship department. If his decision is positive, then you need to come with the decision to the registry office and submit an application.

Payment of the state fee is mandatory and amounts to 350 rubles (for issuing a new birth certificate).

Procedure

To change the surname of a minor child without the consent of the father, you need to come to the guardianship service. If the decision is positive, you must contact the registry office and fill out an application.

It should be accompanied by:

• mother's passport;
• birth certificate;
• marriage document.

If the decision is positive, the child is issued a second birth document.

Documentation

The application must be accompanied by:

• passport;
• passport, child’s birth document;
• marriage document (if available).

A sample application to change a child's surname is here.

When contacting the guardianship department, you must bring documents confirming that it is not necessary to take into account the father’s opinion.

This may be court documents or other written information (for example, confirming attempts to involve the father in the care of the child).

Obtaining a new birth certificate

For a child under the age of 14, a new birth document is issued, in which the child is recorded under the name of the mother or another specified person.

Changing the information in the birth document of a child 14+ is possible only with his permission. From the age of 10, the child’s consent is required.

Changing your last name without your dad's permission is possible, but it is not always beneficial. The property interests of the child may suffer, and additional bureaucratic complications may arise - for example, if it is necessary to register in the child’s name property inherited from the biological father.

It is also necessary to take into account not only the legal, but also the moral and ethical side of the problem. You need to weigh the pros and cons and take into account the interests of the child before deciding to take such a step.

How to change the surname of a minor child without the consent of the father

The child's surname is given from one of his parents, most often it is the father's surname, even if the father and mother were not in a registered marriage. But due to various life circumstances, the mother may decide to give her last name or the last name of her current spouse if she is also changing it.

This may be due to the convenience of upbringing, the mother’s simple desire to have the same surname as her child, the dissonance of the surname, etc. Sometimes a different surname can complicate the process of dividing property in which a share is allocated to children.

Therefore, sooner or later she may come to such a decision as changing the surname of a minor child, but not everyone knows what the problems may be for such actions.

When registering at birth with the civil registry office, the child is given a surname for life, but the law provides for the possibility of changing it.

This can occur on the initiative of the parents or one of the parents before the child turns 14 years old, or at the request of the child himself, after he turns 14 years old. The procedure for changing the surname of a minor child is regulated by Art. 59 of the Family Code of the Russian Federation.

It states that a mother can change the personal data of her child if he lives with her, with or without the consent of the biological father, but not in all cases. Now in more detail when she has the right to this and when not.

Is it possible to change your last name without your father's consent?

Very often, the father expresses a desire to have the same surname with his child and may be against the decision to change it, even if he does not live with him.

If the father takes an active part in raising the child, maintains constant contact with him and does not ignore the mother’s requests, then without the father’s consent it is almost impossible to change the child’s surname, unless the child himself expresses such a desire.

But this may not happen before the age of 14, when the law comes to protect his rights and takes into account the child’s own opinion first of all.

Of course, the guardianship authorities, which make a decision on this request of the mother, can satisfy her application even without the consent of the father, but for this she must provide clear arguments.

If the mother’s arguments are not so convincing, and there are no complaints against the father, then the guardianship authorities take the father’s side. That is, the probability of obtaining a positive decision depends on each specific situation.

This or that decision is made by the guardianship authorities only after a thorough study of the case, conducting separate conversations with each of the parents, and also taking into account additional facts (if any).

Thus, in order to absolutely obtain permission without the consent of the father, he must fall under a certain category of citizens, which implies a negligent attitude towards the life and upbringing of the child. We will talk about this further.

When father's consent is not required

Now we will look at situations where a child lives with his mother and the father’s permission to change his last name is not mandatory. The guardianship authorities may give a positive decision to the mother’s application if:

• the father is deprived of parental rights;
• his whereabouts are unknown;
• he does not pay child support;
• does not take part in raising the child;
• declared incompetent.

But you must understand that words alone will not be enough to make a positive decision. You are required to provide evidence that the father does not take any part in the upbringing or life of the child, that is, his fate is indifferent to him. A good basis is a documentary base. For each individual case, we have collected for you examples of evidence submitted to the guardianship authorities:

• If the father does not pay child support, then it is necessary to obtain a certificate of debt from the bailiff. Be sure to check that the certificate indicates the date the debt began to arise, that is, from what moment he stopped paying, and whether he paid at all. Willful defaulters include people whose debts exceed a period of more than 6 months.
• If the father is declared incompetent, then certificates from a psychiatric hospital, drug treatment clinic, MSEC, forensic psychiatric examination reports and other medical documents confirming his condition can help.
• If the father is deprived of parental rights, then it is necessary to provide a copy of the court decision, as a result of which he was deprived of this opportunity.
• If it is impossible to find the father, he does not maintain contact with the child’s mother and his close relatives for a long time, and also does not live at the registration address, then such a conclusion is issued by the police after they check the necessary information.
• If the father ignores the mother’s requests and refuses to participate in raising the child, then it will be very difficult to document the fact of indifference, but testimony will be quite appropriate. These could be neighbors, friends, teachers, playground mothers.

Before you apply to change your last name, immediately think about how much you have the opportunity to prove the father’s negligence in relation to the child, otherwise you may encounter difficulties.

Even if you have the grounds that we listed above, this does not give an absolute guarantee, since sometimes the evidence provided or the testimony of witnesses is not enough. If the guardianship authorities make an unsatisfactory decision, you can appeal it through the court. Of course, this process is not a quick one, but you have a chance to achieve a positive decision.

Bastardy

We have not yet spoken about a situation where the consent of the biological father is not required.

If a child was born out of wedlock and the mother is registered as single, it means that the child does not have an official father, and therefore his permission is not required.

But, despite the fact that you do not need your father’s consent to change personal data, you still need to go through the same procedure through the guardianship authorities and receive a positive decision.

In this case, after the woman changes the child’s surname and the husband finds out about it, he can file an appeal and appeal this decision if he has compelling arguments. Therefore, in no situation can you be confident in the correctness of your decision.

It is imperative to take into account all the subtleties.

Procedure for changing a surname

In order to legally change your child’s last name, you must take the following steps. Let's consider each point separately.

Submission of documents by the mother to the guardianship authorities

The first stage is to contact the guardianship or trusteeship authorities with a request to change the surname of your child. To do this, you need not only to write the application itself, but also to provide a number of documents on the basis of which the decision will be made.

Here we would like to immediately note that if the biological father is not against such an action regarding his child, then he is also required to sign on the application, and if the decision is made by the mother individually, then she must provide documents confirming the father’s consent or documents confirming his insolvency in terms of raising a child.

Now let's move on to the mandatory list of documents:

• application for a request to change your last name;
• mother’s passport (if the decision is made mutually, then father’s passport too);
• original divorce certificate;
• original birth certificate of the child;
• a certificate from the public utility stating that the child lives with the mother;
• a certificate of the mother’s new marriage if she has changed her last name; document on the father’s consent, notarized confirmation (if he has a relationship with the mother and is not against such a decision);
• a document indicating that the father’s opinion is not taken into account;
• consent of the child himself, if his age has reached 10 years.

After you have collected all the necessary documents, a guardianship officer checks them for a complete package and registers them.

In response, you must receive a copy of the application with the incoming registration number and a receipt indicating that the case was accepted for consideration. This point is very important, especially when the time frame for making a decision is delayed.

As for the deadlines themselves, your application is reviewed within one month.

The law does not provide a clear framework for making a decision. It all depends on the workload, sometimes it takes a couple of weeks, and sometimes up to three months.

We come to the registry office with a positive decision

If the guardianship authorities have made a positive result on your application, then you then go with this document to the registry office. This procedure is subject to the established rules of the Family Code in Article 60.

To obtain a new birth certificate, in addition to permission from the guardianship authorities, you fill out the appropriate form (form No. 15), give the old birth certificate and pay a receipt for the provision of a public service (the cost of the state fee is 650 rubles).

It is better to bring the receipt from the paid receipt immediately so that the case can be taken into consideration.

Even if you have everything in order with your documents and have no complaints about the positive decision of the guardianship authorities or the court, the registry office employee will not be able to immediately give you a new birth certificate. They also review your application within one month from the date of submission of the full package of documents.

If the registry office employees have doubts or require additional documents, the time frame for making a decision may increase to two months. This situation is also described in the legislative framework of the Family Code. The application is signed exclusively by the head of the registry office.

If everything is in order with you and there are no additional claims against you, then after a month your new birth certificate with the child’s changed surname is registered in the Book of Deeds, and you can come and receive it.

Obtaining a new birth certificate

The hardest part is behind us. You've finally received your long-awaited birth certificate, but that's not all.

Since the child has changed his last name, you are required to provide a copy of it to all necessary departments to correct personal data: clinic, kindergarten, school, housing department, etc.

In addition, if the child has other documents, then you must also redo them: SNILS, medical policy, foreign passport, travel card.