2024 Author: Priscilla Miln | [email protected]. Last modified: 2023-12-16 00:21
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 surname is given to him. But there are situations in life when it is simply necessary to change the child's surname. This process has already been regulated by law, and in order to complete the necessary procedure, appropriate grounds and permission from the guardianship authorities will be required. How to change a child's last name in order to do everything right, you can learn from this article.
From love to divorce
Difficulties and misunderstandings happen in the family life of every couple. It is not so easy for two people who grew up in families with different foundations and habits to get along together, even if they are deeply in love. Someone can overcome this barrier, having been “both in sorrow and in joy” for many years, while someone commits another serious anda rather difficult act - a divorce.
But that's all behind, the documents are on hand, the surname has been changed to premarital. In addition, a woman can marry again after some time. And now a completely fair question arises: how to change the child's last name to the mother's last name?
If you take into account the Family Code, it says that the name of the baby is determined by the names of the parents. If 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 give the baby a double surname, which is obtained by combining those of mom and dad.
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 in the mother's last name. If the father wants to give the little one his last name, parents should submit a general application by the time of registration.
It may also happen that the baby first gets the name of the mother. But after some time, the parents decide to change their mother's surname to their father's, since they live in a civil marriage. In this case, first there is an official procedure for certifying paternity, and only then you can apply to change the baby's surname in the documents.
How does the child's last name change after the separation of mom and dad?
As a rule, after an official divorce, the baby stays with his mother, who, due to somepersonal reasons or in a purely emotional outburst, she wants to change her surname to her maiden name (or premarital - if, for example, before this marriage she had already married and taken her husband's surname, and after their separation she decided to leave it). But, having decided to change her surname, she begins to wonder: is it possible to change the surname of a child after a divorce?
Yes, it is quite possible. Only the written permission of the child's father is required. And when the kid turns 7 years old, then he should not mind. Sometimes it is possible to change the surname without asking the consent of the father. There is one “but” in this situation: if there are no serious grounds for such an action, then the father will be able to go to court, which, most likely, will be on his side.
Grounds for changing surname
So, we have already figured out how the baby can get his last name. And yet the question of whether a mother can change her child's surname remains always 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 their last name;
- if one of the parents is declared incompetent or missing;
- if there is an annulment of the court decision on recognition of paternity (if this was the reason for the change);
- if one of the parents has died or is deprived of parental rights;
- in case of voluntary recognition of paternity bygeneral statement of the baby's parents;
- if the surname was given to the baby, not taking into account the wishes of one or both parents.
Special attention should be paid to the fact that in order to change the surname of a child who is already seven years old, you must obtain his consent. Although he is considered a minor, it is his opinion on this issue that will be decisive. Then the parents do not have the right to change his last name, as they can violate the baby's right to his individuality. How to change the name of the child, if such a need arose? Only the court can bypass the opinion of the child. And then, provided that it is necessary in the interests of the child.
Whose consent will be needed?
In order not to worry in vain about whether a child can change his last name and how to do it correctly, you need to know who should agree to this procedure.
In the vast majority of cases, the change of children's surnames depends on their age. All this can be understood from the information below.
If the baby's age is between birth and seven years old, only parental consent is required.
If the child is between the ages of seven and fourteen, then consent must be obtained from both him and his parents.
If he is already in his teens, then you also need to 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 surname.
Is it possible to change the surnamechild without the consent of the father?
Yes, yes, everything happens in life, so sometimes it becomes necessary to change the name of a child without the consent of his father. There are several cases when documentary consent is not required from him:
- father was declared incompetent due to the fact that he has a mental illness;
- the father does not live with his family, and it is not possible to establish his whereabouts;
- the father, quite deliberately, without any valid reasons, evades the payment of alimony, does not take any part in the upbringing of the baby, is deprived of the rights to the 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 will most likely 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 a child without a father. You can do this without the presence of the second spouse, if he passed away or was recognized as such, he was recognized as missing or incapacitated.
The second option can be used if one of the parents agrees with the decision to change the surname. If the surname of the baby is changed by mom and dad, the surname of the baby, who has not yet reached the age of seven, changes. If he has already celebrated his seventh birthday, then you can only change his last name from hisconsent. This shows respect for the child.
To do everything, you should contact the registry office at the place of residence of the applicant and submit a general application; it will indicate from which and to which the baby's surname will be changed.
But, as a rule, the second parent very rarely agrees with changing the name of the little one. In this case, the third option will do.
The third option is the case when one of the parents does not agree to change the child's surname. In this case, the dispute between mom and dad will be resolved by the guardianship and guardianship authority. It will take into account how parents fulfill their obligations in relation to the child and many other necessary circumstances that will certify how much the change of surname will correspond to the interests of the baby himself.
But you can also go to court: the plaintiff files a lawsuit against the defendant. It should indicate the practical and moral reasons why a child's surname should be changed. When a court decision is received in favor of the plaintiff, the registry office can amend the record and issue a new birth certificate with all the necessary changes.
Because such disputes are virtually non-existent, it would do well for the plaintiff's side to consult with a qualified family lawyer.
How to change the baby's last name?
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 fromhim;
- original and copy of birth certificate;
- original parents' divorce certificate.
It happens that a mother can remarry, and she wants to give the baby a surname after her second husband. How can I change my child's last name 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.
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