A long time ago, there was a certain tradition according to which both spouses begin to bear the same surname (in most cases, the one that belongs to the husband). When a baby is born in such a marriage, the same name is given to him. But there are situations in life when it is simply necessary to change the name of the child. This process has already been regulated by law, and in order to complete the necessary procedure, appropriate grounds and permission of the guardianship authorities will be required. How to change the name of the child, to do everything right, you can learn from this article.
From love to divorce
In the family life of each couple, difficulties and misunderstandings occur. It’s not easy for two people who have grown up in families with different customs and habits to get along together, even if they are very in love. Someone can overcome this barrier, being for many years “both in grief and in joy”, and someone commits another serious and rather difficult act - divorce.
But here everything is behind, documents on hand, surname changed to premarital. In addition, a woman may, after some time, get married again. And now a completely fair question arises: how to change the name of the child to the name of the mother?
If we take into account the Family Code, then it says that the name of the baby is determined by the names of the parents. If the mom and dad have different surnames, then the surname of the child is determined by their mutual consent. Parents who have different surnames are given the opportunity to assign the baby a double surname, which is obtained from the union of such mother and father.
How does the baby's last name change after paternity is established?
There are situations when when registering a baby who was born to parents who are not married, paternity is not established. Then it is automatically recorded on my mother's name. If the father wants to give his last name to the peasant, by the time of registration, parents should submit a general application.
It may happen that at first the baby receives the name of the mother. But after some time, the parents decide to change their mother’s surname to daddy, because they live in a civil marriage. In this case, the official paternity certification procedure first takes place, and only then you can apply for a change in the baby’s name in the documents.
How does the name of the child change after the separation of mom and dad?
As a rule, after an official divorce, the baby remains with his mother, who, for some personal reasons or in a purely emotional outburst, wants to change her name to a girl's (or premarital - if, for example, before this marriage she had already married and adopted her husband's surname, and after their separation, she decided to leave her). But, having decided to change her last name, she begins to wonder: is it possible to change the last name of the child after a divorce?
Yes, it is quite possible. Only written permission from the child’s father is required. And when the baby turns 7 years old, then he should not mind. Sometimes there is the possibility of changing the name without asking the consent of the father. In this situation, there is one “but”: if there is no serious reason for such an action, then the father will be able to go to court, which, most likely, will be on his side.
Reasons for changing the name
So, we have already figured out how the baby can get his name. Nevertheless, the question of whether the mother can change the surname of the child always remains relevant. Consider what are the reasons for changing the name of the baby:
- if there is a court decision on the adoption (adoption) of the baby;
- if one of the parents changes his last name;
- if one of the parents is recognized as legally incompetent or missing;
- if there is a cancellation of the court decision on recognition of paternity (if that was the reason for the change);
- if one of the parents has died or is deprived of parental rights;
- in the case of voluntary recognition of paternity by the general application of the parents of the baby;
- if the surname was given to the baby, not taking into account the wishes of one or both parents.
Particular attention should be paid to the fact that in order to change the name of a child who is already seven years old, it is necessary to obtain his consent. Although he is considered a minor, it is his opinion on this matter that will be decisive. Then the parents do not have the right to change his surname, since they can violate the baby’s right to his personality. How to change the name of the child, if the need arose? Only a court can get around the opinion of a child. And then provided that it is necessary in the interests of the child.
Whose consent will be necessary?
So that you don’t have to worry about whether the child can change his name and how to do it right, you need to know who should agree to this procedure.
In the vast majority of cases, a change in the surname of children depends on age. All this can be understood from the information below.
If the baby's age is in the range from birth to seven years, then only the consent of the parents will be required.
If the child is from seven to fourteen years old, then consent must be obtained both from him and from his parents.
If he is already in his teens, then you must also get the consent of both parties: him and his parents.
If the child has already reached the age of sixteen, then only his consent is required to change his name.
Is it possible to change the name of the child without receiving the consent of the father?
Yes, yes, anything happens in life, so sometimes it becomes necessary to change the name of the child without consent his father. There are several cases where documentary consent is not required from him:
- the father was recognized legally incompetent due to the fact that he has a mental illness;
- the father and his family do not live, and it is not possible to establish his whereabouts;
- the father quite consciously, having no good reason, avoids paying child support, does not take any part in the upbringing of the baby, is deprived of the right to a child.
If at least one of these cases is present, then the question of how to change a child’s surname without a father should not seem to arise. All this, most likely, will be decided in favor of the mother and child.
Changing the name of the baby after the separation of the parents
There are three options for resolving this issue.
The first option includes the ability to answer the question, is it possible to change the name of the child without a father. You can do this without the presence of a second spouse, if he passed away or is recognized as such, he was recognized missing or incompetent.
The second option can be addressed if one of the parents agrees with the decision to change the name. If the baby’s last name is changed by mom and dad, the baby’s last name is changed, which has not yet reached the age of seven. If he has already celebrated his seventh birthday, then he can only change his name with his consent. This shows respect for the child.
To do everything, you should contact the registry office at the place of the resident of the applicant and submit a general application; it will indicate with which and to which the surname of the baby will be changed.
But, as a rule, the second parent very rarely agrees with the change of surname of the little one. In this case, the third option is suitable.
The third option is the case when one of the parents does not agree to change the name of the child. In this case, the dispute between mom and dad will be resolved by the guardianship authority. Here they will take into account how much the parents fulfill their obligations regarding the child and many other necessary circumstances that will certify how much the change of name will correspond to the interests of the baby.
But you can go to court: the plaintiff submits a statement of claim to the defendant. It should indicate practical and moral reasons for which to change the name of the child. When a court decision is received in favor of the plaintiff, the registry office may amend the act of registration and issue a new birth certificate with all necessary changes.
Since the practice of such disputes is practically absent, the plaintiff’s side does not hurt to consult with a qualified family lawyer.
How to change the name of the baby?
To do this, you need to prepare the following documents:
- a statement from mom and dad, and if the child is already ten years old, then permission from him;
- The original and a copy of the birth certificate;
- The original certificate of divorce of parents.
It happens that a mother can marry again, and she wants to give the baby a surname for her second husband. How can I change the name of a child after a divorce? This can only be done if the father of the child does not mind. If he does not agree, then such a move is possible only when the father is deprived of his paternity rights. And this, in turn, will be impossible if a man participates in the life of the baby and pays him alimony.