Давным-давно сложилась определенная традиция, according to which both spouses start to wear the same last name (in most cases, the one that belongs to her husband). When a baby is born in such a marriage, he is given the same last name. But there are situations in life when it is just necessary to change the child’s last name. This process has already been regulated by law, and to complete the necessary procedure, the appropriate grounds and permission of the guardianship authorities will be required. How to change the name of the child, to do everything correctly, you can learn from this article.
Difficulties happen in each couple's family lifeand misunderstandings. Two people who grew up in families with different attitudes and habits, it is not so easy to get along together, even if they are deeply in love. Someone can overcome this barrier, being for many years “both in grief and joy”, and someone commits another serious and rather complicated act - a divorce.
But that's all behind, documents on hand, last namechanged to premarital. In addition, a woman may marry again after a while. And now a completely fair question arises: how can I change the child’s last name to the mother’s last name?
If we take into account the Family Code, then in itIt is said that the name of the baby is determined by the names of the parents. If mothers and fathers have different surnames, the child’s surname is determined by their mutual consent. Parents who have different names, given the opportunity to assign the child a double name, which is obtained from the union of those of mom and dad.
There are situations when, when registering a baby,who was born to parents not married to one another, paternity is not established. Then it is automatically recorded on her mother's last name. If the father wants to give the toddler his last name, by the time of registration, parents should submit a general application.
It may happen that the baby first getssurname of mom. But after some time, the parents decide to change her mother's name to her father, because they live in a civil marriage. In this case, the official procedure for certifying paternity occurs first, and only then it is possible to file an application to change the baby’s name in the documents.
As a rule, after the official divorce babystays with a mother who, for some personal reasons or in a purely emotional outburst, wants to change her surname to a maiden (or premarital - if, for example, before this marriage she already married and accepted her husband's surname, and after their separation she decided to leave her ). But, having made the decision to change her surname, she begins to wonder: is it possible to change the name of a child after a divorce?
Yes, it is quite possible.Only the written permission of the father of the child is required. And when the baby is 7 years old, he should not mind either. Sometimes it is possible to change the last name without asking for the consent of the father. 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 will most likely be on his side.
So, we have already figured out how a baby canget your last name. And yet the question of whether the mother can change the name 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 declared incompetent or missing;
- if there is a cancellation 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 his parental rights;
- in the case of voluntary recognition of paternity according to the general statement of the parents of the baby;
- if the name of the baby was given, not taking into account the wishes of one or both parents.
Particular attention should be paid to the fact that forIn order to change the name of a child who is already seven years old, you need to get 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 name, as they may violate the right of the child to his individuality. How to change the name of the child, if the need arose? Only the court can bypass the child’s opinion. And then, provided that it is necessary in the interests of the child.
In vain not to worry about whether the child can change the name and how to do it right, you need to know who should be agreeing to this procedure.
In most cases, changing the name of the children depends on age. All this can be understood from the information below.
If the age of the baby is in the range from birth to seven years, then only the consent of the parents is required.
If a 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 you also need the consent of both parties: his and his parents.
If the child has already reached the age of sixteen, then to change his name only his consent is required.
Yes, in life everything happens, so sometimes it becomes necessary to change the name of the child without consent his father. There are several cases in which documentary consent is not required from him:
- father was declared incapacitated due to the fact that he has a mental illness;
- the father does not live with the family, and its location is not possible to establish;
- the father, quite consciously, without having any valid reasons, evades from paying 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 last name without a father does not seem to arise. All this is likely to be decided in favor of the mother and child.
There are three options for solving this issue.
The first option is the ability to answerto the question, is it possible to change the name of the child without a father. You can do this without the presence of the second spouse, if he died or recognized as such, he was recognized as missing or incapacitated.
The second option can be addressed if oneof the parents agrees with the decision to change the name. If the baby’s name is changed to mom and dad, the baby’s name is changed, which has not reached the age of seven. If he has already celebrated his seventh birthday, then his name can be changed only 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 what and to what name the baby will be changed.
But, as a rule, the second parent very rarely agrees with the change of the name of the toddler. In this case, the third option.
The third option is the case whenone 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. It will take into account how much the parents fulfill their obligations towards the child and many other necessary circumstances that will certify how the change of the last name will correspond to the interests of the child.
But you can go to court:The claimant submits a claim to the defendant. It should indicate the practical and moral reasons for changing the name of the child. When a court decision is received in favor of the claimant, the registry office can make a change in the record of the act and issue a new birth certificate with all the necessary changes.
Since the practice of such disputes is practically absent, the party of the plaintiff does not hurt to consult with a qualified family lawyer.
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;
- original and copy of birth certificate;
- The original certificate of divorce of parents.
It happens that a mother can remarry, andShe 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 be done only 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 a baby and pays him alimony.
