How to register a child using the father's last name: if the parents are not married

But do not forget that paternity can be established by compulsory judicial procedure.

Paternity can be established not only at birth, but also during subsequent years of adulthood. This will oblige the biological father to financially support the child and pay child support.

According to the mother

A woman living in civil law can only independently assign a middle name. But she has no right to draw up papers that require the biological father’s data. Only the father himself can enter them. According to the mother, the data can be formatted as follows :

• the woman must obtain a certificate from the registry office at the maternity hospital;
• fills out an application where he writes the child’s last name, first name and patronymic.

But there are also exceptional circumstances that allow a woman to include her father. There are legally established cases:

• divorce occurred less than 300 days before the birth of the child;
• death of a spouse and lack of evidence that he was not the biological father;
• the birth of a child within 300 days after the official divorce.

In these cases, the data is compiled on the basis of pre-existing data.

According to a joint statement

Unofficial relationships entail legal difficulties within the family. If a man wants to register the child as his own, then this procedure is quite simple. Since the child has the right to both parents. Therefore, paternity establishment is done as quickly as possible and without paperwork. There will also be no need for difficulties in the form of passing DNA tests.

In order to establish paternity, both parents come to the registry office. The man fills out the appropriate papers, the woman signs her consent. Immediately after registration, the fact of establishing paternity is entered into the official papers on the birth of the child. If a man does not want to acknowledge the fact of paternity, the woman can appeal to the judicial authorities.

Establishing paternity in court

Both parents can sue. But most often it is the mother who resorts to the services of lawyers. To oblige a negligent father to take responsibility for upbringing and financial support. There are exceptions when a woman has compelling reasons to refuse to establish paternity. And the man himself insists on this. Such disputes can only be resolved by the court.

Lawyers take a responsible approach to resolving such disputes. They study all the collected evidence and listen to the arguments of both sides. Witnesses are heard to determine the existence of the fact of living together and maintaining a common household.

If necessary, DNA tests are performed. But only on a voluntary basis.

Coercion is prohibited, but if a man evades this without special reasons, such a fact can serve as a basis for recognizing him as the biological father in court.

State registration

Paternity is registered with government agencies in the following order:

• paternity is accepted voluntarily, then a corresponding registration record is drawn up upon application by the biological father himself;
• forcibly on the basis of a court decision.

All changes will be recorded on the child’s birth certificate (change of middle name, last name). Information about the father is recorded.

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Source: https://sud.guru/semya/kak-zapisat-rebenka-na-familiyu-otca-vne-braka.html

Is it possible to register a child in the father’s last name if the marriage is not registered in 2020?

Registration period and timing for establishing paternity

According to Art. 16, art. 50 of Law N 143-FZ, there are no clearly established deadlines for voluntary or forced establishment of paternity. Assignment of a surname can occur both at the time of registration of the baby and at a later date.

Attention! When registering a child for the first time, no state fee is charged.

Many mothers ignore this possibility and register the child as single. This is beneficial in terms of benefits received from the state. In addition to benefits, such a mother can send her child to kindergarten as a priority; she cannot be fired or laid off from work, or sent on a business trip without consent.

The procedure for registering a child at the registry office

In the case of the birth of a baby in a civil marriage, an entry in the registration register about the mother is made on the basis of her application and documents from the medical institution where the birth took place. Information about the natural father is entered upon a joint application of the parents.

If they voluntarily and mutually wish to legitimize paternity, assigning the child the father’s surname occurs as follows:

1.      Present documents from the maternity hospital to the registry office for registration.
2.      Jointly submit an application to establish paternity with the registry office lawyers.
3.      Submit a separate application from each parent if physical presence is not possible. The father's statement is notarized.
4.      Obtain a birth certificate and carefully check that it is filled out correctly.

Important! In the event of the death of the mother or her recognition as unable to perform her duties, the father has the right to register the child independently upon a single application.

When establishing paternity at the registry office, a state fee of 650 rubles is charged. The receipt is provided upon request of the employees.

At the request of the parents, the baby can be assigned the father's surname or a double surname, which is written with a hyphen in any order. All subsequent joint children are assigned exactly the same surname.

Document establishing paternity

If a man refuses to acknowledge participation in the birth of a child, the mother must register the child in her last name. When paternity is established, the woman receives a new birth certificate with corrected data. The issuance of a new document requires a one-time fee of 350 rubles.

The certificate of paternity is printed on a stamped, numbered form of the established form. It must contain the following information:

1.      Full name of the baby's father and mother;
2.      Full name of the child before paternity is established;
3.      Full name of the child after paternity has been established;
4.      Number of entry in a special journal;
5.      Serial number of the form, date of issue and details of the registry office.

The document is issued by:

•         at the place of birth of the child;
•         at the place of registration of the mother;
•         at the place of registration of the father.

Controversial situations

Situations often occur when the child’s father does not acknowledge his involvement in the birth. Genetic medical examination becomes the only way to resolve a controversial situation. The procedure for forced paternity establishment is bureaucratically drawn out and extremely unpleasant. A potential father may refuse to submit biological material.

Read also: How to apply for child support if the parents were not married, and there is a dash in the father column

To establish paternity in court it is necessary:

•         file a lawsuit and request a procedure;
•         choose a specialized accredited medical organization, the results of which are not questioned (often, by court decision);
•         provide biomaterial of the child and the alleged father;
•         wait for test results.

Important! If a potential parent deliberately avoids conducting an examination, the court has the right to forcefully recognize him as the father.

To conduct a DNA test, the following is taken from the child and the defendant:

•         saliva samples from the inside of the cheek;
•         venous blood, nail and hair sections.

Based on the court decision, the registry office employees are obliged to make appropriate changes and issue a new document to the mother without the presence of the father.

In the event of the premature death of the father or the divorce of the parents before his birth, the child receives his surname automatically within a 300-day period.

Recognition of a marriage as invalid is not grounds for changing the surname of children. The father has the right to challenge paternity in court and demand a medical examination on the same basis as the mother.

If at the time of writing the application to establish paternity the father was under the influence of alcohol or drugs, or acted under pressure, the fact is subject to cancellation in court.

Forced collection of alimony

After forced recognition of paternity, the mother has the right to file a lawsuit to recover child support payments. Common-law husbands may refuse financial assistance due to the lack of officially registered relationships or voluntary financial assistance.

In this case, the father can provide the court with checks and receipts for voluntary money transfers addressed to the child's mother. On an individual basis, judges establish the amount and procedure for mandatory payments upon reaching adulthood or graduating from a university, but not longer than 23 years.

After the issuance of documents for a child with the father's last name, he has equal rights with his mother. In particular, he has the right:

•         Participate in upbringing, help in education;
•         Protect and protect in times of danger;
•         Spend joint leisure time, including abroad;
•         Challenge the right to communicate in court;
•         Make a decision on surgical intervention;
•         Deprive the mother of parental rights if there are serious reasons.

Reverse case

The mother has the right to change the child’s surname from the father’s to her own maiden name, without the consent of the second parent for a number of reasons. Among them:

•          malicious evasion of raising a child;
•          malicious evasion of alimony payments;
•          deprivation of the father's parental rights in court;
•          unknown presence for a long time.

If the guardianship and trusteeship authorities interfere with the procedure, the mother will need to go to court.

If the mother is married to another man, he has no right to interfere with the establishment of paternity by a third party. A birth certificate is issued on the basis of an application from the mother, her legal spouse and the baby’s blood father

Subsequent marriage registration

After the birth of the baby, parents may express a desire to enter into an official relationship. Parents will need to carry out the adoption procedure to establish paternity and assign the child the father's surname.

If the parents are not officially married and the child is given the mother's surname, paternity is registered in a separate document. The father writes a corresponding statement to the registry office, which is recorded in a special journal.

Rights of children in a civil marriage

Subject to officially registered paternity, children from a civil marriage (cohabitation) have the same privileges as in official relations.

Among the benefits for mother and child it is worth noting:

•         the right to collect alimony in court upon reaching the age of majority or completing studies at a university;
•         the right to registration at the place of residence of the baby’s father;
•         the right to inherit from the father's relatives in the direct line (grandfathers, grandmothers, sisters, brothers).

Bureaucratic incidents

Different surnames for mother and child can cause a number of problems in the future. When carrying out legal transactions, leaving the country or other cases, you will need to prove your relationship.

The fact of relationship between mother and child with different surnames is proven using:

•         child's birth certificate;
•         marriage or divorce certificates;
•         entries in the passport in the “Children” column.

When traveling abroad, the mother needs to make an official translation of the birth certificate at the appropriate organization. The father's official permission, certified by a notary, to remove the baby will also be required.

If a woman has been divorced for less than 300 days and gives birth to a child from another man, the child is registered in the mother's last name. A discrepancy in the situation occurs if the mother did not change her surname to her maiden name after the divorce.

Acknowledgment of paternity after 18 years of age

If a person has reached the age of majority and there is an urgent question about establishing the father on a legal basis, then the procedure is carried out in a tripartite manner - mother, father, child. In this situation, adults cannot perform a forced genetic procedure without the child’s official consent.

When establishing paternity of an orphan or boarding school student, it is necessary to obtain the written consent of the guardianship and surety authorities.

Upon reaching 18 years of age, a child has the right to independently initiate a genetic examination through a court order if an “amicable” agreement cannot be reached.

Conclusion

The most preferable option for assigning the father's surname to a child born out of wedlock is the voluntary recognition of paternity by the father and mother in the registry office.

A civil marriage justifies itself only if two people live together. At the time of pregnancy, it is strongly recommended to legalize the relationship in order to avoid serious problems and legal inconsistencies in the future.

Source: https://pravo7ya.ru/prava-rebenka/kak-dat-rebenku-familiyu-ottsa-esli-mat-i-otets-ne-raspisany

Is it possible to register a child in the father’s last name if the marriage was not registered in 2019

Today, quite a lot of children are born in unregistered marriages. Such relationships are not legally significant, and the man and woman are considered cohabitants.

Due to the popularity of this form of family relations, the question of the possibility of registering a child in the father’s surname if the marriage is not registered is relevant. This is a very important moment in a child’s life, as it can influence his future.

If in the future it is not possible to save the family, then official recognition will facilitate the procedure for collecting alimony for the maintenance of the child.

In accordance with the law and international rules, after birth a child receives the right to a last name, first name and patronymic. The name for the children is chosen by the parents together, or by one of them. It must meet the relevant legal requirements, otherwise the registry office will refuse registration. The surname and patronymic are not chosen, but are determined by the data of the father and mother.

General rules

Disputes over determining a child's surname often begin if the surnames of his parents are different due to the lack of a registered marriage. In accordance with current regulations, the baby’s full name is given to the child at the registry office when making an entry about his birth in the Civil Registry Book. Next, a child’s birth certificate is generated, where the baby’s data is recorded.

Several years ago, parents had the opportunity to give their child a double surname. It consists of two parental surnames, written with a hyphen. The sequence of surnames is determined by the mother and father independently. Before adjustments were made in accordance with the norms of family law, a child could have a double surname only if one of the parents had one.

If the baby has siblings, they must have the same last name. It is prohibited to change the sequence of parental surnames.

If you cannot reach an agreement on choosing a surname for your child, you should contact the guardianship authorities. They will make the final decision, taking into account various factors (for example, euphony).

The procedure for assigning a child the father's surname in the absence of an official marriage

Based on the norms of current legislation, in the absence of officially registered relationships, a child can bear both the mother’s and father’s surname.

In order for a child to be given the father's surname in an officially unregistered family, recognition of paternity is required. To do this, the man needs to draw up an application recognizing the child as his own.

There is no need to go to court to establish paternity.

Based on the norms of family law, a man can voluntarily recognize a baby as his child by submitting an appropriate statement, while the baby’s mother must indicate her consent in the document.

When carrying out the procedure for obtaining a child’s birth certificate, the presence of a man who is in a civil marriage with the child’s mother and who recognizes the baby as his own is required.

If he is absent, the baby will be given the mother's surname.

If the man refuses to acknowledge paternity, the mother is issued a child birth certificate with her last name. Next, the woman should file a claim in court for forced establishment of paternity. If the claim is satisfied, the child can change his surname and be issued a new certificate.

Child's surname in the absence of a father

A child can receive his father's surname only if the man recognizes him as his own and gives his consent. If the father tries to avoid responsibility to the minor and refuses to acknowledge paternity, then it is worth going to court.

Paternity can be established without the presence of a man only in certain cases:

• if the father died;
• after the divorce is finalized.

In both cases, paternity can be established within 300 days from the date of death or divorce. During the designated period, paternity is established automatically and can only be challenged through the court. The plaintiff must prepare compelling evidence to overturn paternity.

If there is no information about the father on the child’s birth certificate, then the woman is recognized as a single mother. A parent can independently determine the last and patronymic name of her child.

Establishment of paternity at the initiative of a man

Due to hostile relationships or other reasons, the mother may refuse to acknowledge paternity. In this case, the legislation allows for a unilateral procedure for establishing the rights of the father.

Based on the norms of current legislation, the baby has 2 parents who can equally enjoy their rights and obligations.

That is, the child’s father can apply to the court to establish paternity if the mother interferes with this process.

To prove the fact of consanguinity between the minor and the plaintiff, it is recommended to attract witnesses who can confirm the fact of cohabitation with the child’s mother. You can also apply for genetic testing.

Changing a child's surname

Receipt of a divorce certificate or recognition of a marriage as invalid is not grounds for changing the surname for minor children.

In accordance with the law, parents can change their child’s surname before the age of 14 with mutual consent and permission from guardianship representatives.

If a minor child is already 10 years old, then his consent to change personal data will be required.

A mother can change her child’s surname without the consent of the other parent only in certain situations:

• in the event of the death of the father;
• when one of the parents is deprived of rights to children;
• the second parent cannot be found;
• the father does not take part in the child’s life and does not provide financial support;
• in the absence of official registration of the relationship at the time of the birth of the child.

If there is a need to change the child’s personal data, the mother should submit a corresponding application to the registry office at the child’s place of residence. It is supported by the following documentation:

1. child's birth certificate;
2. certificate of paternity;
3. marriage or divorce certificate;
4. other documents confirming the need to change the surname.

Once the child turns 14 years old, he can independently apply to change his surname.

In the case of adoption of a child, the surname is changed in court simultaneously with the adoption procedure itself. The plaintiff is issued a court decision, on the basis of which appropriate changes will be made to the Book of Deeds. A further procedure for replacing personal data is possible after obtaining permission from representatives of the guardianship authorities.

Read also: They won’t let you go abroad because of alimony debts: the amount of debts and how to leave

Let's sum it up

Thus, a newborn can bear the father’s surname even if the parents have not formalized their relationship. But for this you will need to prepare the necessary documents and present voluntary consent from the father and mother. If one of the parents refuses to recognize paternity, the other can go to court to protect their rights and interests of the child.

If you want to find out how to solve your particular problem, please use the online consultant form below or call :

Source: https://pravovoiexpert.ru/brak/zapisat-rebenka-na-familiyu-otca/

Is it possible to give a child the father’s surname if the marriage is not registered: registration after birth

Currently, the birth of a child outside of an officially registered marriage is a common everyday situation. Despite the absence of stamps in the parents’ passports, after being discharged from the maternity hospital, the baby needs documents, like any citizen. The law allows you to register and protect the rights of a child born to parents out of wedlock in almost any situation.

How to register a child if the parents are not married?

A newborn can be registered at the request of the mother. If she is not married, then her last name is indicated in the “father” column, and her patronymic is optional. If there is no information about the second parent, there will be a dash on the certificate.

It is possible to issue a birth certificate with a record of paternity even years later if the mother applies to the registry office together with the child’s father.

Submitting an application together with your common-law spouse

If a child is born in a civil marriage, both parents, in order to register the newborn, present the following documents to the registry office during the first month of life:

• birth statement (drawn up by the mother or her authorized representative);
• application to establish paternity (drawn up jointly).

In a joint application, common-law spouses can indicate what surname they wish to assign to the newborn. The main thing is that the man recognizes the child as his own. If problems arise with choosing a child’s name (for example, the desired name is not in the dictionary of personal names of civil registry office employees), to assign an unusual name, you must obtain permission from the guardianship and trusteeship authority at the place of residence.

Unlike the birth registration itself, the establishment of paternity is not limited by specific deadlines. This procedure can be carried out later than a month through the civil registry office or in court.

If there are ready-made applications, the mother and father with passports and a receipt for payment of the state fee for registering the establishment of paternity apply to the registry office. If changes are made to a previously issued birth certificate and a new document is issued, a state fee must be paid for these actions.

A declaration of paternity can be filed while a woman is pregnant. The law allows this if there is sufficient concern that after the birth of the child it will be impossible or difficult (for example, in the event of arrest).

Currently, registration is practiced through the State Services website. The applicant or his authorized representative enters the details of the documents according to the list into the database. The system processes all application data and sends requests to government agencies to verify information and register. At the appointed time, you must visit the registry office to put the necessary signatures and pick up the completed documents.

Filing a claim initiated by the father

If the mother refuses to officially recognize the paternity of the newborn child, Russian legislation provides for the possibility of establishing this fact at the request of the man.

According to the Family Code of the Russian Federation, every child has a father and mother, who are equally responsible for his development and upbringing.

If disagreements arise between them, paternity can be established in court at the request of the father.

Today, the issue of establishing paternity is resolved not only on the basis of the testimony of third parties who confirmed the existence of a relationship between the plaintiff and the defendant, but also based on the results of a genetic examination. A request for an examination is submitted by the plaintiff.

Official registration of marriage

The traditional and easiest way to register a child is to do it after the official marriage of the parents. Couples who are aware of their responsibility and act in the best interests of their children strengthen their relationship in accordance with the law. A stamp in the parents’ passport gives the young citizen financial and property guarantees in the event of divorce or death of one of the parents.

The status of being officially recognized and born in wedlock is of great importance in a person's life. If there is a stamp in the passport, the child’s father’s last name will be given automatically.

The procedure for assigning a surname to a child if the parents are not married

The child was born, and in order to register him, in the absence of a marriage stamp, both parents go to the registry office (see also: child born out of wedlock). If they are not written down, then in order to give the child the father’s surname, you need:

1. passports of both common-law spouses;
2. certificates from the maternity hospital;
3. joint declaration of recognition of paternity.

By joint decision of the parents, the child may bear the mother’s surname even after paternity has been established. With the introduction of genetic examinations, the process of assigning the appropriate blood name has been significantly simplified. Establishing a relationship is possible without genetic tests, including in adulthood.

READ ALSO: establishing paternity after the death of the father: judicial practice

Should a natural parent adopt a natural child?

Adoption is a form of family education for children left without parental care. A living blood father who wishes to fulfill parental responsibilities must recognize the fact of kinship.

If the birth certificate was issued in the absence of a natural parent, and in the “father” column there is the mother’s surname or a dash, then assigning the father’s surname is a mechanical question.

Both common-law spouses need to contact the civil registry office.

If the child’s mother objects to the assignment of the father’s surname, then the man will have to defend his rights in court. There is no need to adopt a natural child, it is enough to recognize the fact of kinship with him. In this case, the man files a claim to establish paternity in court.

Source: https://SemPravorf.ru/deti/rozhdenie-rebenka-ne-v-brake.html

How can unmarried parents register their newborn child and establish paternity?

If the parents of a newborn child are not married to each other, then the entry about the child’s mother is made at the request of the mother, and the entry about the child’s father is made at the joint request of the child’s father and mother, or at the request of the child’s father (in some cases), or by court decision (clause 2 of article 51 of the RF IC).

Also, the former spouse is recognized as the father without a statement from the child’s father in the following cases: if the child was born within 300 days from the date of divorce, recognition of it as invalid, or from the date of death of the spouse of the child’s mother, unless proven otherwise. The paternity of the spouse of the child's mother is certified by a record of their marriage (clause 2 of article 48 of the RF IC).

Information about the child's father is entered:

• based on the record of the act of establishing paternity - if paternity is established and registered simultaneously with the state registration of the child’s birth;
• at the request of the child's mother - if paternity has not been established. The surname of the child's father is written according to the mother's surname, the first and patronymic of the child's father - according to her instructions. The information entered 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 included in the child’s birth certificate (clause 3 of article 51 of the RF IC; clause 3 of article 17 of the Law of November 15, 1997 N 143-FZ).

Note. Disagreements between parents regarding the choice of the child’s surname or first name are resolved by the guardianship and trusteeship authority (clause 4 of article 58 of the RF IC).

If the child’s father does not want to register his paternity or if the mother does not agree to register paternity, then paternity or the fact of recognition of paternity (if the child’s father has died) can be established in court (Articles 49, 50 of the RF IC).

• If the father and mother of the child wish to register the birth of the child and establish paternity, we recommend following the following algorithm.
• Step 1. Obtain the necessary documents to register the birth and prepare an application for the birth of the child
• After the birth of a child, his mother in the maternity hospital will be issued a medical certificate of birth of the child, which will be the basis for registering the birth of the child with the civil registry office.

If the marriage between the child's parents is not concluded, the application for the birth of the child is submitted by the mother. The application indicates the surname, first name and patronymic of the child, as well as information about the entry or failure to enter information about the child’s father into the birth certificate and into the birth certificate.

Step 2. Prepare a joint application to the registry office to establish paternity

If the parents have agreed among themselves that paternity will be established in the registry office, they should both fill out a joint application from the father and mother of the child, who are not married to each other at the time of the child’s birth, to establish paternity and submit it to the registry office.

If the father or mother is not able to submit such an application in person (for example, due to arrest), they need to prepare separate applications on behalf of each (paragraph 1, paragraph 5, article 50 of Law N 143-FZ).

In this case, the signature of the parent who cannot come in person is confirmed by a notary or a person with the appropriate authority, including the head of the place of detention (paragraph 2, paragraph 5, art.

50 Law No. 143-FZ).

In addition, it is possible to submit a preliminary application to establish paternity while the child’s mother is pregnant. This is possible if there are circumstances that give reason to assume that filing a joint application to establish paternity may turn out to be impossible or difficult after the birth of the child (paragraph 2, paragraph 3, article 48 of the RF IC).

It is also possible to establish paternity on the sole application of the father in certain cases (death of the mother, recognition of her as incompetent, impossibility of establishing her whereabouts or deprivation of her parental rights) with the consent of the guardianship and trusteeship authority, in the absence of such consent - by court decision (paragraph 1 p. 3 Article 48 RF IC).

Step 3. Contact the registry office for state registration

The application for the birth of a child must be made no later than one month from the date of birth of the child. There is no specific deadline for filing an application to establish paternity, since such an application can be submitted both during state registration of the birth of a child and after (clause 6 of article 16, clause 2 of article 50 of Law No. 143-FZ).

In practice, the deadline for filing an application for the birth of a child is not significant; there are no sanctions for late submission. Moreover, state registration of the birth of a child who has reached the age of one year or more is possible, including upon reaching adulthood (Article 21 of Law No. 143-FZ).

You should contact the registry office with passports, applications, a receipt for payment of the state fee for registration of paternity, as well as for making changes and issuing a new birth certificate if paternity is established later than the state registration of birth. An application for the birth of a child and a joint application for establishing paternity can be sent to the civil registry office in the form of an electronic document via the Internet (clause 1.1 of article 50, clause 1 of article 16 of Law N 143-FZ).

Note!

There is no state fee to register the birth of a child. If changes are made later about the child’s father, the state fee will be 650 rubles. For state registration of paternity establishment, it is necessary to pay a state fee in the amount of 350 rubles. (clauses 3, 5, clause 1, article 333.26, clause 1, article 333.39 of the Tax Code of the Russian Federation).

You can choose your registration location. Thus, state registration of the birth of a child and establishment of paternity is carried out by the civil registry office at the place of birth of the child or at the place of residence of the parents or one of them (Articles 15, 49 of Law No. 143-FZ).

As a result of registration, you will receive a birth certificate for the child, and with the appropriate application, also a certificate of paternity.

Useful information on the issue

Official portal of the Mayor and Government of Moscow - www.mos.ru

Source: https://zakonius.ru/semya/kak-roditelyam-ne-sostoyashhim-v-brake-zaregistrirovat-novorozhdennogo-rebenka-i-oformit-ottsovstvo