Is it possible to change the name to the child without the consent of the father?

A long time ago a certain tradition has developed, according to which both spouses start to wear the same name (in most cases the one that belongs to the husband). When a child 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 child's surname. 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 a surname to the child to make all correctly, it is possible to learn from this article.

From love to divorce

In the family life of each couple, there are complications and misunderstandings. Two people who grew up in families with different beliefs and habits are not so easy to get along together, even if they are deeply in love. Someone can overcome this barrier, having been for many years "both in sorrow and in joy", and someone else is committing another serious and rather complicated act - a divorce.

But here all is behind, documents on hands, a surname is changed on premarital. Besides, a woman can marry again after some time. And now there is an absolutely fair question: how to change the name of the child to the mother's surname?

If you take into account the Family Code, it says that the name of the baby is determined by the surnames of the parents. If the mother and father have different surnames, the child's surname is determined by their mutual consent. Parents, whose surnames are different, are given the opportunity to give the child a double surname, which is obtained from the union of such mothers and fathers.

How does the name change after the paternity is established?

There are situations where when registering a baby who was born to parents who are not connected by marriage, paternity is not established. Then it is automatically recorded on my mother's last name. In case the father wants to give the karapuz his surname, by the time of registration parents should file a general application.

It can also happen that first the kid gets the name of his mother. But after a while, parents decide to change their mother's name to Dad's, as they live in a civil marriage. In this case, first there is an official procedure for attesting paternity, and then you can apply for a change in the name of the baby in the documents.

How does the name of the child change after the parting of mom and dad?

As a rule, after the official divorce, the kid remains with his mother, who because of some personal reasons or in a purely emotional impulse wants to change his name to a maiden (or premarital - if, for example, before that marriage she already married and took the husband's surname, And after their separation decided to leave it). But, having made a decision to change her name, she starts to wonder: can I change the name of the child after the divorce?

Yes, it is 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 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, the father will be able to apply to the court, which, most likely, will be on his side.

Grounds for changing the surname

So, we have already figured out how the kid can get his name. And yet the question of whether or not a mother can change her last name is 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 his surname;

- if one of the parents is recognized incompetent or missing;

- if there is a revocation of the court decision on the 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 the case of voluntary recognition of paternity by the general application of the parents of the child;

- if the name was given to the kid, 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, you must 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 name, as they can violate the right of the baby to his personality. How can I change the name of the child if there is such a need? Only the court can circumvent the child's opinion. And that provided that it is necessary in the interests of the child.

Whose consent is necessary?

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 agree to this procedure.

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

If the age of the baby is between birth to seven years, then only the consent of the parents is required.

If the child is from seven to fourteen years of age, 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: his and his parents.

If the child has already reached the age of sixteen, only his consent is required to change his surname.

Is it possible to change the name of the child without obtaining the consent of the father?

Yes, in life everything happens, so sometimes it becomes necessary to change the name to the child without consent His father. There are several cases when documentary consent from him is not required:

- the father was recognized incompetent because of his mental illness;

- the father and his family do not live, and his location is not possible to establish;

- the father is completely conscious, without any valid reasons, evades payment of maintenance, 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 the child's surname without a father does not seem to arise. All this, most likely, will be decided in favor of mother and child.

Change of the name of the baby after the separation of parents

There are three options for dealing with this issue.

The first option is the ability to answer the question, and whether it is 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 as missing or incompetent.

The second option can be consulted if one of the parents agrees with the decision to change the surname. If the name of the baby changes with mom and dad, the surname of the baby changes, 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 apply to the registry office at the applicant's place of residence and file a general application; In it it will be specified, with what and for what the surname of the kid will be changed.

But, as a rule, the second parent very seldom agrees with the change of the name of the karapuza. 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 mother and father will be decided by the guardianship and trusteeship body. This will take into account the extent to which the parents fulfill their obligations with respect to the child and many other necessary circumstances that will confirm how much the name changes to the interests of the baby.

But it is possible and apply to the court: the plaintiff submits a statement of 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 plaintiff, the registrar can make a change to the record and issue a new birth certificate with all the necessary changes.

Since the practice of such disputes is practically non-existent, the party of the plaintiff will not be prevented from consulting with a qualified family lawyer.

How can I change my name correctly?

To do this, you need to prepare such documents:

- an application 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;

- original of the certificate of divorce of parents.

It happens that the mother can marry again, and she will want to give the baby a surname for the second husband. How can I change the name of the child after the 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 the man participates in the life of the baby and pays him alimony.