Is it possible to give the child the father's surname. Is it possible to change the surname of a child without the consent of the father? Establishing paternity through the court

A long time ago, there was a certain tradition, according to which both spouses begin to wear 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 is already 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 the child's surname in order to do everything right, you can learn from this article.

From love to divorce

In the family life of every couple, difficulties and misunderstandings occur. It is not so easy for two people who grew up in families with different attitudes and habits to get along together, even if they are deeply in love. Someone can overcome this barrier, being for many years "in sorrow and in joy", and someone commits another serious and rather difficult act - divorce.

But now everything is over, documents are in hand, the surname has been changed to premarital. In addition, a woman can get married again after some time. And now a completely fair question arises: how to change the child's surname to the mother's surname?

If we take into account the Family Code, then it says that the surname of the baby is determined by the surnames of the parents. If mom and dad have different surnames, then the child's surname is determined by their mutual consent. Parents who have different surnames are given the opportunity to assign a double surname to the baby, which is obtained from the combination of those of mom and dad.

How does the baby's surname change after

There are situations when, when registering a baby who was born to parents who are not united by marriage, paternity is not established. Then he is automatically recorded in his mother's surname. If the father wants to give the little one his last name, by the time of registration, the parents should submit a general application.

It may also happen that at first the baby gets the mother's surname. 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 name of the baby in the documents.

How does the child's surname change after the separation of mom and dad?

As a rule, after an official divorce, the baby stays with his mother, who, for some personal reason or in a purely emotional outburst, wants to change her surname to a maiden (or premarital - if, for example, before this marriage, she had already married and took her husband's surname, and after their parting, she decided to leave her). But, having made the decision to change her last name, she begins to think: after the divorce?

Yes, it’s quite possible. Only the written permission of the child's father is required. And when the baby turns 7 years old, then he should not mind. Sometimes it is possible to change the surname without asking the father's consent. In this situation, there is one "but": 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 the surname

So, we have already figured out how a baby can get his last name. And yet, the question of whether a mother can change the child's surname always remains relevant. Consider what are the grounds for changing the baby's surname:

If one of the parents changes their last name;

If one of the parents is recognized as incompetent or missing;

If there is a cancellation of the court decision on the recognition of paternity (if this was the basis for the change);

If one of the parents dies or is deprived of parental rights;

In the case of voluntary acknowledgment of paternity upon the general statement of the baby's parents;

If the surname was given to the baby, without taking into account the wishes of one or both parents.

Particular attention should be paid to the fact that in order to change the surname 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 issue that will be decisive. Then the parents do not have the right to change his surname, as they can violate the baby's right to his individuality. How to change the child's surname, if such a need arose? Only a court can bypass the child's opinion. And then on condition that it is necessary in the interests of the child.

Whose consent would be necessary?

In order not to worry about whether the child can change the last name and how to do it correctly, you need to know who should agree to this procedure.

In the overwhelming majority of cases, the change of the surname of children depends on the age. All this can be understood from the information below.

If the age of the baby is between birth and seven years old, then only parental consent is required.

If the child is between seven and fourteen years old, then consent must be obtained from both him and his parents.

If he is already in adolescence, then it is also necessary to obtain 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 child's surname without obtaining the consent of the father?

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:

The father was declared incapacitated 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 good reason, evades the payment of alimony, does not take any part in the upbringing of the baby, and is deprived of the right to the child.

If at least one of these cases is present, then the question of how to change the child's surname without a father does not seem to arise. All this, most likely, will be decided in favor of the mother and the child.

Changing the surname of the baby after the separation of the parents

There are three options for resolving this issue.

The first option includes the opportunity to answer the question, is it possible to change the surname. It is possible to do this without the presence of the second spouse, if he has passed away or is recognized as such, he was recognized as missing or incompetent.

The second option can be applied if one of the parents agrees with the decision to change the surname. If the baby's surname 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 he can only change his last name with his consent. This shows respect for the child.

To do everything, you should contact the registry office at the place of the applicant's resident and submit a general application; it will indicate with which and to which name the baby will be changed.

But, as a rule, the second parent very rarely agrees with the change of the surname of the toddler. 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 authority. It will take into account how the parents fulfill their obligations in relation to the child and many other necessary circumstances that will certify how much the change in the surname will correspond to the interests of the baby himself.

But you can also go to court: the plaintiff files a statement of claim against the defendant. It should indicate the practical and moral reasons why the child's last name 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.

Since there is practically no practice of such disputes, it would not hurt for the plaintiff to consult with a qualified family lawyer.

How can you change your baby's surname correctly?

To do this, you need to prepare the following documents:

Application from mom and dad, and if the child is already ten years old, then permission from him;

Original and copy of birth certificate;

The original of the parents' divorce certificate.

It happens that a mother can remarry, and she wants to give the baby a surname for her second husband. How can you change the name of a child after a divorce? This can only be done if the child's father 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 the man participates in the life of the baby and pays alimony to him.

In the modern world, the birth of a child in an officially unregistered marriage is not considered a rarity.... Such a marriage has no legal force and spouses can only be called cohabitants.

Such a union is popularly known as a civil marriage.... Since this is a fairly common phenomenon, the question does not lose its relevance whether it is possible to write a child under the father's surname if the marriage is not registered.

After all, the fate of the child and his material well-being may depend on this. Parents' relationships work out in different ways, and fathers do not always have a conscientious attitude towards fulfilling their duties with regard to children.

Any child from the moment of his birth acquires the right to a surname, name and patronymic, it is enshrined in both international and Russian legislation.

The child receives the name by agreement of the parents or one of them... If it does not comply with the norms of the law, the registry office employees may refuse.

If the child has a father, he receives a patronymic in accordance with his name, it cannot be chosen by the parents. The surname, too, cannot be assigned any, it is determined by the data of the spouses.

The question of what the child's surname will be, if the parents have different surnames, most often arises when the relationship between the mother and the father is not officially registered. In this case, you should act in relation to the requirements of legal acts.

The surname is given to the child when making a record of his birth at the registry office. After that, a birth certificate is issued, where this information is indicated.

If the legislation of the subject does not provide for another procedure for obtaining a surname, then the baby is given the surname of either mom or dad.

It is worth noting that in 2017, changes were made to the Family Code of the Russian Federation. In this connection, the child may receive a double surname, which consists of the surnames of both parents. Surnames can be attached in any order by means of a hyphen.

Before the changes were made, a child could get a double surname only if one of the parents had it.

In the case of using a double surname, it is prohibited to use a different order of joining when forming the surname of siblings.

Sometimes it happens that the father and mother cannot independently reach an agreement on the name and surname of the child. Then the dispute is resolved by the guardianship authorities.

In their decision, they should be guided by the interests of the minor and take into account various factors, including the euphony of these data.

If a newborn is left without parents, the surname and name are given to him by legal representatives in the general manner.

In the modern world, people are in no hurry to officially register their relationship and often give birth to children in such a union. In this case, the question inevitably arises, is it possible to give the child the father's surname if we are not painted.

The legislation, which is in force in 2020, allows you to solve this problem.

If at the time of the birth of the baby, mom and dad did not register their relationship, the child can be given the name of one of them.

Paternity must be officially recognized in order to record the father. For this, the father must write an appropriate application. In the absence of registration of the relationship, the parent is not required to go through the adoption procedure.

The surname of the father can be assigned to the child on the basis of a written application for the acknowledgment of paternity. In this case, the mother must confirm her consent.

If the man does not want to acknowledge his paternity, the father can be recorded by a court decision.... Thus, the child can be given the father's surname if the marriage is not registered.

In the event that, at the time of the issuance of the birth certificate, paternity is not established, the baby will receive his mother's surname. After establishing paternity in court, it will be possible to change it.

When a child is born out of wedlock, it is important to take into account that if the parent recognizes the child as his own, his presence when receiving a birth certificate is mandatory.

Because he has to write a statement of paternity. Otherwise, the fact that the child has a father will not be confirmed and the child will receive the mother's surname.

When a child is born out of wedlock, the surname of the father is assigned only with his consent and acknowledgment of paternity. If the parent does not want to admit the fact of kinship with the baby, this can be done during the trial.

Registration of family ties leads to the emergence of certain rights and obligations.

In a situation where the father of the newborn dies or the parents are divorced, the child can receive the father's surname if no more than 300 days have passed since the date of death or divorce.

During this time, paternity is recognized automatically and can only be canceled by a court. The surname may change if paternity is contested in court and the plaintiff's claims are satisfied.

A single mother has the right to give her child her last name... The child also receives the name and patronymic at the discretion of the mother.

Russian laws provide for the possibility of changing the surname of a child under 14 years old. This can be done only with the permission of parents and guardianship authorities.

The termination of marriage or its invalidation is not a basis for changing the child's surname.

To do this, both parents must give their agreement, and also, if the child is 10 years old, you will need his consent, but also the permission of the guardianship authorities.

Changing the child's data without the consent of the second parent is possible if:

With an application to change the last name and patronymic, you need to contact the registry office at the place of residence of the child.

The application should be accompanied by a birth certificate, a document confirming paternity, marriage or divorce, as well as documents that justify the need and possibility of changing the last name and patronymic.

When the child reaches the age of 14, he can change his data on his application. In addition, the child's surname can be changed upon adoption.

The court establishes the adoption of the child and the change in his data. New data is entered into the registration record on the basis of a court decision.

After that, it is possible to change the surname or first name only after obtaining permission from the guardianship and guardianship authorities.

If the child and the mother have different surnames, difficulties may arise after the divorce or the death of the father.... First of all, the problems will be associated with the obviousness of the relationship.

To avoid this, you need to enter information about the newborn in the mother's passport in the “children” column. This can be done at the passport office by presenting the child's birth certificate.

Difficulties may arise when contacting various authorities... Therefore, you should have a complete package of documents with you, which confirms the change of the mother's surname and the fact of family ties with the child.

As confirmation, the following documents are needed:

1. Child's birth document.
2. Divorce document with a note about the change of the name of the mother.
3. Marriage document, if the mother remarried and changed her details.
4. A marriage certificate obtained from the registry office, which confirms the existence of a marriage relationship in the past.

In the case of different surnames of the mother and the child, there may be problems when traveling with a minor abroad. In such a situation, you should also carry documents with you, which confirms the existence of kinship.

To avoid additional difficulties, you need to have an official translation of the child's birth certificate. You can do it at the consulate of the country you plan to visit.

Thus, if the parents have different surnames, then the child can get the surname of either mom or dad. If at the time of the birth of the child, mom and dad are not officially married, then the newborn can be given the father's surname.

To do this, the dad must write a statement of paternity, on the basis of which information about him will be included in the child's birth document.

If the parent does not acknowledge his paternity, this can be done in court, in which case the child can also receive the father's surname.

According to statistics, many couples in recent years have refused to register their relationship at the official level, arguing that there is no difference in the presence and absence of a stamp in the passport. But civil marriage does not guarantee any rights to the parties, while the very fact of cohabitation imposes certain obligations on them. Some difficulties may arise when registering a newborn. A common question is whether it is possible to give the child the father's surname if the marriage is not registered.

Determination of the initials of a newborn is a relevant issue for those couples who have not entered into their marriage and are officially considered cohabitants. So the surname of a person born in an incomplete family will be recorded, depending on whether there is any information about his father. There are two possible options here:

1. There is no information about the blood parent. Here the child's full name depends on the mother's decision: the surname can correspond to the mother's, and the woman can choose the name and patronymic at her discretion.
2. The father of the newborn is set. This means that the patronymic can be written down by the name of the parent, and the surname - at the request of the mother.

In the second case, you will need to go through the process of establishing paternity. It is important to keep in mind that this is not an official adoption of a sibling. Subject to the mutual consent of the partners, you can act in the following ways:

1. Establish paternity even before the birth of the heir. For this, the couple must come to the registry office with the documents and draw up a corresponding statement.
2. Execute papers establishing the identity of the father after the birth of a son / daughter. Citizens are required to visit the recording authority jointly, where the father must write a statement recognizing the newborn as his own.

It will be more difficult to establish whose surname the child is recorded in, if the parents are not scheduled, will be more difficult when the mother is officially declared incapacitated or died during childbirth. In this case, a person wishing to take on the duties of a guardian must collect sufficient evidence that there is a blood or family relationship between him and the children. If the argumentation provided is valid, the process will be successful.

The legislative framework

This situation is regulated by the 1997 Federal Law "On Acts of Civil Status". The bill is based on the provisions of the Civil and Family Codes. So, the registration procedure is based on the following requirements:

1. Article No. 16. The procedure for filing an application to the registry office with a request to draw up an act of registration of a newborn is described in detail. The clause regulates the monthly period from the date of birth to complete your application. The document can be submitted orally or in writing on behalf of the parents or an authorized representative.
2. Article No. 17. The procedure for entering registration data into the act is indicated. The algorithm of actions is described here if the couple formalized the relationship officially, acts as cohabitants, the marriage was dissolved through the court, or one of the parents died.
3. Article No. 18. Directly regulates the procedure for recording the full name of a minor. Cases are considered when there is no agreement between the parents on the chosen surname of the newborn.

According to this law, if a couple decided not to sign, then at the request of the mother, information about the father may not be indicated in the birth certificate. In this case, the patronymic is written at her direction.

Assigning a surname to a minor: order

The process of naming a newborn is regulated by the Family Code of the Russian Federation. The "name" should also be understood as the surname and patronymic, and not just the name itself. Article 58 of the RF IC defines the following points:

The selected initials of the newborn fit into two documents: a birth certificate and an official record in the registry office. The certificate can be received at the earliest. Registration officials may suggest that the couple schedule them to make it easier for the child to enroll.

Establishing paternity through the court

Determination of the fact of paternity through the court is a procedure that is necessary if the couple is not in a formalized relationship and does not plan to sign in the near future, and the citizen has not submitted an application to the registry office that he wants to be recorded as a father. In such a case, either party may apply for a forensic genetic examination. The algorithm of actions for starting the procedure for considering a case in court begins with the collection of a package of documents, the list of which is specified in Article 132 of the Civil Procedure Code. The plaintiff is obliged to provide:

1. Directly a statement expressing a desire to establish family ties with a newborn.
2. Receipt for payment of state duty (its amount is about 200 rubles).
3. Newborn registration certificate (original or notarized copy).
4. Evidence base of the relationship between the defendant and the child. As arguments, the court may be presented with written testimony of witnesses, personal correspondence, receipts of money transfers, photographs, where the defendant and the offspring are together.

Be sure to have copies of all collected documents. The plaintiff must provide them to the defense. The prepared evidence base can play a key role in passing a verdict, because it is on its basis that a decision will be made if the defendant refuses to give his consent to undergo a genetic examination.

The mother of the minor or her official representative has the right to file a motion. A child can also apply, but only upon reaching the age of majority. If the court establishes the fact of the defendant's paternity, the registry office makes an appropriate entry on the basis of the decision. The participation of the Pope himself is not required.

The procedure for assigning a father's surname to a child without registering a marriage

Minor disagreements in the issue of assigning a first and last name to a child between his parents can be resolved by the guardianship and guardianship authorities. Such powers are regulated by paragraph 4, art. 58 RF IC. When the couple has reached mutual agreement, the algorithm of actions will be as follows:

1. To register a child in the registry office, it is necessary to provide a medical certificate of the birth of the baby, which is the main basis for registering a newborn, a statement. In cases where the marriage is not formalized, the latter is drawn up on behalf of the mother. It contains the initials of the illegitimate child, as well as information on entering information about the father.
2. Drawing up a joint statement on the establishment of paternity. To do this, both must appear at the registry office and fill out a standard form. If one of the parties cannot be present in person, then the appeal is submitted on behalf of each of the parents.

The absentee's document must be notarized.

If, for any reason, the couple believes that the joint application will not be possible after childbirth, a preliminary application can be made to the registry office during pregnancy.

Thus, in the presence of the father or his representative, by mutual agreement of the parties, it is possible to give the child the father's surname, if the marriage is not registered between citizens. The registration authority is chosen by the unofficial spouses at their place of residence or at the location of the maternity hospital, which is regulated by Article 15 of Federal Law No. 143.

Changes to the Family Code in 2018

In 2018, a new bill may be adopted, establishing the concept of "de facto marital relationship", which is permissible to apply to persons cohabiting in a civil marriage. According to the text of the law submitted for consideration, such status can be obtained by a relationship that lasts more than 5 years, or if a couple living together for more than 2 years has a common child.

The fact that a civil marriage can be equated with an official marriage also has certain consequences in the field of legal relations under family and civil law: the responsibilities and obligations of the parties may become the same as in a registered marriage.

This initiative is based on the fact that the state must protect those citizens who have not officially registered their relationship. And as statistics from the registry office show, there are now a considerable number of them. If the bill is adopted, the changes will also affect the procedure for registering the child's surname at birth out of wedlock.

In 2017, some changes were also adopted regarding the assignment of a surname to a child. So, a newborn can be written with a double surname of the mother and father. Previously, this was possible only if one of the parents already has it.

Many representatives living in a civil marriage wish to retain the status of single mothers, which allows them to receive certain subsidies from the state. But if a woman wants to give the illegitimate child the father's surname, and he does not oppose this, then the procedure for inscribing the initials will be simple.

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.