Is it possible for an unmarried child to be given the father's surname. Legislation on assigning the mother's surname to a child

All major issues related to parent-child relations are regulated by the Family Code of the Russian Federation. According to its provisions, all children at birth are given the right to receive a name, patronymic, and surname. The name and surname option chosen by the parents is entered in the birth certificate.

According to the code, in the presence of both parents, children can be given any surname at birth, by agreement between them. If the adults cannot agree, then this issue is resolved with the involvement of the guardianship and guardianship authorities.

When a baby is born out of wedlock, the assignment of a surname occurs according to different rules.

The procedure for obtaining it by a child is described in article 58 of the Family Code, as well as art. 18 of the Federal Law "On acts of civil status".

It is allowed to assign the following surnames to children:

• from the mother;
• from the father;
• double.

In any case, the entry of the surname cannot be entered arbitrarily at the sole request of the mother or father. There must be a legal basis for this, as well as an official confirmation.

If the parents are dead, deprived of their rights, then the full name of the children is given by the persons replacing them (trustees, guardians, relatives). Upon adoption, the newborn is recorded in the surname of his new family.

Registration of newborns is carried out by the registry office at the place of residence of the family. If there is no such branch in the village (city), then you can contact the nearest one. Records are made upon presentation of the following papers:

• certificates from the maternity hospital (other medical institution);
• registration application;
• passports of representatives of children;
• marriage certificate (or a document confirming the acknowledgment of paternity).

You need to receive a certificate for children within thirty days from the moment they are born. This procedure is completely free. Payment is required only for the re-issuance of this document.

Can a child be given the mother's surname at birth?

It is possible to give the child a different surname at birth under family law.

The procedure for obtaining it depends on several factors:

• whether the spouses are officially married;
• whether there is a spouse's consent;
• whether paternity has been established when children are born out of wedlock.

Children born in marriage are given the surname chosen by their parents. If the husband does not mind, then she can be maternal, and their connection is also allowed. Then, in the certificate issued by the registry office, both surnames will be written with a hyphen. Moreover, the sequence of their indication can be any.

You can give a child a double surname, provided that it is not too complicated. If one of the parents has a compound full name, then he is no longer entitled to double it with another one in the registry office. The legislation of the constituent entities of the Russian Federation may establish their own rules in this regard.

If the newborn is born out of wedlock, there are several possible solutions. For example, the marriage was not officially registered, but the man does not deny his relationship with him. Then the question of the full name of the children is decided by mutual agreement of the common-law spouses. They have the right to agree, to give their common child the maiden name of his mother.

There are situations when the father is not known, the common-law husband does not recognize his relationship with the newborn, or does not want to give him his last name.

In this case, the woman can seek to establish the origin of the children through the courts. If the court satisfies her requirements, then the registry office has the right to assign the child's full name on the father's side.

But not all women want to waste their time in litigation. Therefore, the registry office simply records the newborn in the maiden name of a single mother. This does not prevent subsequent changes to the recorded entry.

If later the woman decides to officially recognize the man as the father of her children, then on the basis of the decision made in the registry office, the data will be changed.

Changing the child's surname after divorce

When divorcing, married couples have to deal with many different issues. The hardest thing is for those families in which children are growing up. Former spouses must agree on their place of residence, maintenance, and upbringing.

In some cases, questions are raised about changing the name of the children. The reasons for this may be entering into a new marriage union, changing the personal data of the parents.

By law, changing the full name is allowed, but subject to certain conditions. An important role in this is played by the age of the children, the status of their relatives, and the availability of the necessary permits. If the child has not yet turned fourteen years old, this is possible only:

• by mutual consent of his parents;
• with permission from the guardianship and guardianship authorities.

It is important to keep in mind that upon reaching the age of ten, children also have the right to express their attitude on this issue. With the consent of both parents, guardianship authorities, taking into account the child's opinion, the child can be given the mother's surname after the divorce. Upon the provision of supporting documents by the registry office employees, changes are made to the previously made entry, a new certificate is issued.

However, after parting, not all married couples manage to maintain normal relations. Therefore, it is not always possible to obtain consent from a man to change the names of children. Difficulty in obtaining permission can be caused by the residence of the former spouses in different cities, the loss of contacts.

As a general rule, one cannot do without a man's consent. But in some cases, it is not necessary to take into account his opinion:

1. If he is dead or presumed dead. When the fact of death is established through the court, the same consequences occur as in the case of natural death.
2. When a man is deprived of parental rights by a court decision.
3. If he is recognized by the court as incompetent in full.
4. If it is not possible to establish the place of his stay or residence.
5. If he does not participate in the life of his children, does not visit them, evades the payment of alimony payments.

If there is at least one of the listed reasons, a woman can independently decide the issue of changing her surname. This does not exempt her from the need to apply for permission to the guardianship authorities, to take into account the opinion of children after ten years. To obtain consent, you must provide papers confirming the existence of these circumstances.

If we are talking about deprivation of paternal rights, incapacity, then it is required to present an effective judicial act. In any case, the final decision is made by the guardianship authority. It is important to know that if the marriage was not registered, but there is an entry about the Pope in the certificate, then his opinion will also have to be taken into account.

Is it possible to give a maternal surname after 14 years

After the children reach the age of fourteen, it becomes easier to change their last name to another. From this time on, it is no longer required to obtain permission from the guardianship and guardianship authorities. Parents or one of them can independently decide this issue, but taking into account the children's opinion.

If the spouses are still married or have already divorced, they must make this decision together with the children. The initiative can also come from the fourteen-year-old citizen himself. He has the right to apply for a change of name with written consent from both parents.

If consent is not obtained from at least one of the adults, then the registry office will not make a new entry. If there are objections to changing the names of children, their consideration can be referred to the court. If the judge establishes the grounds for changing them, then the registry office will enter new data on the court decision that has entered into force.

Children can take the surname of their mother either with the consent of both parents, or one of them, when the permission of the other is not needed. It is not required to obtain the consent of a man even when he is not included in the certificate as a pope.

Children can resolve issues of changing their full name on their own only when they reach the age of majority. In our country, it is established from the age of eighteen. In exceptional cases, children who have reached the age of sixteen become fully capable. This is possible if they undergo the emancipation procedure.

Consequently, every citizen of Russia, upon birth, receives a first and last name. They are assigned by the registry office on the basis of an application from parents or persons replacing them. Children can be registered in the mother's surname by agreement between the spouses, at the request of the woman, when the man's opinion is not required to be taken into account.

Sometimes, while married, a woman gives birth to a child from another man. In this case, it can be difficult to register a baby in the name of a biological dad. In this article we will show you how to do it without any problems.

Anything can happen in life. Sometimes a woman does not divorce her legal spouse, but cohabits with her beloved man. Being in a civil marriage, the couple has a child, but it is rather difficult to register him in the name of the biological father. How to be?

In order to record the biological father in the child's birth certificate, you need to understand the current situation.

Within a month from the birth of the child, parents must submit an application to the registry office. The child will have to be registered with the husband in accordance with the law.

What's the catch? An application for a birth certificate must be submitted by one of the spouses, or both parents, if they are not married. On the basis of the entry in the passport (in this case, in the passport of the child's mother) and the marriage certificate, the husband's data is entered. The husband is not the father of the child. The father (who is also the husband) cannot voluntarily abandon the child. The record of the child's father, made by the civil registry office, is proof of the child's origin from the person indicated in it. On the basis of Article 52 of the RF IC, "... the claim of a person recorded by the child's father to contest paternity cannot be satisfied if at the time of recording this person knew that he was not actually the father of the child ..." (with the exception of proven pressure and threats and etc.).

There are several ways to solve the problem, but it will have to be solved through the courts.

A series of lawsuits aimed at establishing paternity,

Challenging the entry made in the registry office,

Deprivation of parental rights with subsequent adoption.

The first step, in any case, should be a divorce. With a friendly relationship between the spouses, any of the following options for getting out of this situation will go smoothly.

1. Article 52 of the Investigative Committee of the Russian Federation states: "The entry of parents in the register of births ... can only be challenged in court at the request of a person recorded as the father or mother of the child, or a person who is actually the father or mother of the child ..."

The ex-husband needs to file a lawsuit against the ex-wife and mother of the child that the child is not his (although this is contrary to Article 52 of the SK). Or files for divorce on the grounds that the child is not his.

In this case, it is better to file a claim before contacting the registry office.

The ex-spouse admits the claim.

Simultaneously with the claim of the ex-husband, the biological father must file a claim for establishing paternity.

The child's mother must admit this claim too.

If the court is not satisfied with the testimony of the mother, ex-husband and biological father, it can order a genetic examination, which will confirm the paternity of one of the men. Based on the opinion, the court will make a decision on establishing paternity

Possible problems: the question may arise who will pay for the appointed examination.

Outcome: On the basis of a court decision, the child is “reissued” at the registry office to the biological father.

2. On the basis of the same Art. 52 of the RF IC.

Either the mother or the biological father of the child has the right to file a statement of claim on establishing paternity and challenging the registry office record. It is better if the claim is filed by the father (not the husband). Before filing a claim, you can do a genetic examination and, based on its results, file a claim. You can try to limit yourself to the testimony of biological parents. But the court has the right to order an examination.

On the basis of a positive decision of the court to change the entry made in the registry office, the child receives the surname of the biological father.

3. Filing a lawsuit for divorce and at the same time (or later) a lawsuit against the spouse for deprivation of his parental rights.

Grounds for deprivation of parental rights in accordance with Art. 69 RF IC:

Evasion of the obligations of parents, including in the case of malicious evasion of the payment of alimony;

- refusal, without good reason, to take your child from a maternity hospital (department) or from another medical institution, an educational institution, a social welfare institution or from similar organizations (this mainly applies to mothers or single parents);

Abuse of parental rights;

Child abuse (physical, sexual or mental);

Chronic alcoholism or drug addiction;

Hello, Elena!

In accordance with Art. 17 and Art. Articles 48-50 of the Civil Status Acts Law If the parents of the child are not married to each other, Information about the child's father the child's birth certificate is entered on the basis of: the record of the act on the establishment of paternity in the event that paternity is established and registered simultaneously with the state registration of the birth of a child;

at the request of the child's mother if paternity has not been established. The surname of the father of the child is recorded by the surname of the mother, the name and patronymic of the father of the child - at her direction. The entered information is not an obstacle to resolving the issue of establishing paternity. At the request of the mother, information about the child's father may not be entered in the child's birth certificate.

That is, you have the right to make an entry about the Father at your request or on the basis of established paternity.

The basis for state registration of establishing paternity is:

joint statement on the establishment of paternity of the father and mother of the child, who are not married to each other at the time of the child's birth.

A joint application for the establishment of paternity of the father and mother of the child, who are not married to each other at the time of the child's birth, is submitted by them in writing to the civil registry office. state registration of the birth of a child. If there are reasons to believe that it may be impossible or difficult to submit a joint application for establishing paternity after the birth of the child, the future father and mother of the child, who are not married to each other at the time of the child's birth, may submit such an application during the mother's pregnancy. In the presence of such an application, the state registration of establishing paternity is carried out simultaneously with the state registration of the child's birth and a new application is not required if the previously submitted application was not withdrawn by the father or mother before the state registration of the child's birth. the child's father or mother who are not married to each other at the time of the child's birth, or at the place of state registration of the child's birth.

Therefore, you must submit a special joint paternity application. On the basis of the act of establishing paternity, at the birth of a child, the father will be entered in the birth certificate.

At the same time, if the father is indicated in the Birth Certificate, then you do not acquire the status of a single mother.

I will be able to provide a service for drawing up an Application for establishing paternity in accordance with the requirements of the law.

Best regards F. Tamara

How to name a child is a common question for a family in which a newborn has appeared or is about to appear. But in addition to coming up with a name for a boy or girl, sometimes you have to decide the issue with the surname that the child will wear. How to register a newborn correctly and what surname can I give him?

My husband and I are officially married, but we have different surnames. A baby is to be born in our family very soon. Under whose name would it be more correct to register a newborn? Can we give the child a double surname, made up of the surnames of the mother and father?

The law gives you the right to independently, by mutual agreement, choose whose surname the newborn will bear - mom or dad. Unfortunately, it is impossible to give the baby a double surname consisting of the surnames of the parents. This is not provided for by the legislation of the Russian Federation. If you still have time before the baby is born and you want to give him exactly a double surname, I suggest you do the following. Let one of the spouses (optionally, both spouses) take and register the desired double surname for himself. In this case, it will be possible to give it to the born child.

The child was born when my husband and I were legally married. That is why I registered the baby under the father's surname. We recently got divorced, and I want to change the child's surname - to register him under my maiden name. Can this be done?

The child's surname can be changed subject to the consent of both parents. This is stated in article 59 of the Family Code of the Russian Federation. Therefore, if you continue to communicate with the child's father, talk to him, get consent and change the child's surname. This is the easiest option. However, if for some reason you stopped communicating with the child's father, then it will be useful for you to know about some relaxation of the law and about those cases when it is possible to change the surname without the consent of the second parent:

• the second parent has been deprived of parental rights;
• the whereabouts of the second parent are unknown;
• the child's father evades timely payment;
• the child's father shies away from raising the child;
• the child was born out of wedlock.

In the event that it was not possible to agree with the child's father, as well as to convince the guardianship and guardianship authorities that there is a real need to change the child's surname, you should go to court.

Can a mother write a newborn baby in the name of a man who denies paternity? After all, if the father does not recognize the child, then this does not mean at all that he does not have it.

If paternity is not established, then the child's surname is recorded by the mother's surname. In case, parents can give the surname of mom or dad at will, even if they are not married. If paternity is not recognized at the birth of a child, first give the mother's surname, and then, after recognizing paternity and, if desired, change to the father's surname. You can insist that paternity be established in court. At the same time, in accordance with Article 49 of the Family Code of the Russian Federation, the court takes into account any evidence that reliably confirms the origin of the child from a specific person.

Having a baby is not only a joy, but also a lot of trouble. In addition to direct care for the baby, a variety of documents are required, which sometimes raises questions from young parents. One of these questions is how to give your child your last name. It is relevant not only when obtaining a birth certificate, but also when the status of parents changes. If a mother changes her last name, for example, when she marries a second time, she wants everyone in the family to have the same data, and for this she will have to change documents.

According to the law - the RF IC, the child is assigned the name of his parents. If everyone wears his own, they agree to give the surname of the mother or father, in rare cases - a double one. It doesn't change when the parents get divorced, even if the one he stays with returns the old one. Since this is usually the mother, the surname can be changed with the permission of the father. To do this, you must contact the guardianship and trusteeship authorities with a joint application for obtaining consent to change the data.

Change of surname in the interests of the child

If the second parent avoids paying the elements and participating in the upbringing of children, with the permission of the same guardianship authority, you can change the necessary data in the birth certificate, even if the father is not deprived of parental rights... The mother needs to take from the bailiffs a document on the period of non-payment and the amount of alimony that the father owes. This document is accompanied by a birth certificate, a copy of a divorce certificate and a marriage certificate if the mother remarried.

This decision can be challenged if he can prove that he could not fulfill his duties for a good reason. Keep in mind that when a child turns 14 years old, you can change his surname only with his consent.

Establishing paternity

If a woman with single status wants to give her minor child a new surname, an application signed by the mother and the man who wants to establish paternity and give him his last name must be submitted to the registry office at the place of residence or birth.

If the father insists that the child is his, and the mother is against, he has the right to undergo a DNA comparison examination and establish his paternity. After that, through the court, he can change the name of the child.

In the case when the mother's new husband wants to adopt a child, it is possible to change not only the surname, but also the patronymic, but this will require collecting a lot of certificates confirming the sanity of the candidate for adoptive parents, no criminal record, the ability to support children, and so on. The procedure for changing the surname is much simpler, but in this case, from a legal point of view, the children will not be equal when receiving an inheritance.