How to change a child’s surname: without the father’s consent, upon receipt of a passport, to the mother’s surname

Children take their parents' surnames. Registration is carried out by employees of the Civil Registry Office. The application is submitted by the mother and father or a representative acting under a power of attorney. The deadline for submitting documents is 1 month from the date of birth of the child.

In the future, it will be possible to change the surname only with the consent of both spouses and the guardianship and trusteeship authorities (TCA). If the father does not give permission, then you will have to look into the legal authorities or use one of the legal methods to solve the problem.

The end of the process will be the issuance of new documents at the branch of the registration authority based on the consents received or a court verdict.

Features of the newborn registration process

NuanceDescription Submission of documents The application must be submitted by parents. If the mother and father are in a marital relationship, then a visit from one of them is sufficient. If it is not possible to personally visit the registry office, it is permissible to write a power of attorney to a third party. The document must be certified by a notary. Different surnames The husband and wife will have to submit documents together to the registry office. The child will get either his mother's or father's surname. The parties must resolve the dispute themselves, or contact the guardianship authorities. Adoption of a baby by a cohabitant Cohabitants, that is, people living in a civil marriage, must appear together at the registration authority. The intended father will need to write a statement establishing paternity. The further algorithm of actions is similar to that when submitting documents as a couple with different surnames. Registration of children by a single mother The child will receive the surname of the single mother. The applicant has the right to choose the name at her own discretion. The middle name is given according to the information written in the “father” column. If desired, the mother may not indicate information about the father and put a “dash”. In such a situation, she will have to decide on her own middle name. The column will be filled in only when paternity is established or the child is adopted by the stepfather.

Controversial issues are resolved by guardianship officials. If you need to change your surname, for example, when returning your maiden name due to divorce, adoption or a new marriage, then the algorithm of actions will depend on the age of the child. Under 14 years of age, the consent of both parents and the OPP will be required. A teenager over 14 years old can independently initiate the procedure, but only with the permission of the mother and father, by a court decision or after emancipation (recognized as capable). This is regulated by Article 59 of the Family Code and 143 of the Federal Law of 1997.

Algorithm for changing a surname for children under 14 years of age

You can change a child’s surname after receiving the consent of the father and mother without much difficulty. First, documents are submitted to the PLO at the local administration. Then the registry office employees make changes to the database. The whole process takes at least 2 months. To avoid mistakes, you need to follow the generally accepted procedure:

The registration authorities will change the child’s surname if there is an oral agreement between the mother and father, so the process must begin by obtaining the approval of the second spouse. The opinion of a minor will be interesting when he reaches 10 years or more. Contacting the Department of Public Prosecutions You should contact the department of guardianship authorities at the place of residence of the mother or father. The purpose of the visit is to write an application to change the child’s surname. The document is drawn up by both spouses. If one of the applicants is unable to attend in person, they will have to give their consent in writing. Approval is certified by a notary office. The submitted application is considered within 30 days. Visiting the registry office After receiving the approval of the PLO, parents will be able to register a different surname. The civil registry office at the place of residence of the mother or father will provide assistance in this matter. Changes will be made on the basis of the completed application, documents attached to it and a receipt for payment of the state duty. The mandatory fee is 300 rubles. It takes 1 month to process your request.

The application drawn up in the PLO must indicate the real grounds for initiating the procedure for changing the vital record, for example, the spouses filed for divorce or the mother decided to remarry. The parties must sign the document in the presence of guardianship officials. The list of documents is identical for the PLO and the registry office:

• Applicants' identification documents.
• Metrics of a minor.
• A certificate confirming the end of the divorce process.
• Approval from the other parent, certified by a notary. This is a relevant point when submitting documents by one party.
• Certificate of entry into marriage. The document will be of interest to authorized persons when registering a new relationship by the mother of a minor.
• Child's consent. A document is required when they reach 10 years of age.

• A father's approval sample is available for download here.
• The child consent example is slightly different.

Employees of the PLO or the registry office always give reasons for their refusal. The parties have the right to refute the decision by filing a claim in court.

If the application is approved, the applicants will receive a verdict, on the basis of which changes will be made in the vital records. The initiators of the proceedings are required to pay a state fee.

The application period is 3 months from the date of receipt of the refusal.

Situations that exclude the need for the approval of the second spouse

Changing a child's surname without the father's consent occurs only as an exception. PLO employees can put themselves in the position of a mother if they consider the reasons for making changes to be quite compelling. The list of grounds for granting the request is as follows:

Basis: Evidence The father does not fulfill his parental duty. A moment manifests itself in a lack of interest in the child’s life and avoidance of participation in upbringing. • testimony of witnesses (neighbors, local doctor, teachers, relatives, friends); • audio and video materials; • correspondence. The parent does not transfer funds for child support obligations or deliberately hides the real amount of profit. • executive document (agreement, court verdict, writ of execution), on the basis of which funds are transferred for the maintenance of a dependent; • papers provided by bailiffs about the presence of arrears in alimony payments. The father's place of residence is unknown. • a certificate of family composition provided by the passport office, the Federal Migration Service or the Housing Office, confirming the fact that the father is absent from his place of registration. • documents from the police indicating the initiation of the search procedure for a citizen. The legal authority declared the father incompetent. • court decision declaring a parent incompetent. The father was deprived of the right to raise a child in court. • verdict of a legal authority on depriving the father of parental rights. The parent of a small child is in prison. • court verdict imposing a sentence

Such requests are resolved in favor of the initiator of the procedure only if there is documentary evidence. A package of required documents is also attached to the application. If approved, the mother has the right to contact the registry office staff to complete the procedure.

Options for carrying out the procedure without the permission of the spouse: step-by-step instructions

Changing a child's surname without the father's consent is no different from changing a child's surname with the approval of both parents. The mother will need to apply for permission from the PLO and then appear at the registry office. However, the problem will arise already at the stage of visiting the guardianship authorities.

If the father is not a habitual child support defaulter, is involved in the child's life, is fully competent and is not serving a prison sentence, then the likelihood of a positive outcome is virtually zero.

Lawyers advise mothers to focus on generally accepted solutions to the problem, compiled on the basis of cases from judicial practice:

Many couples do not get along after a divorce, which manifests itself in swearing and threats against each other. Experts advise putting aside negative emotions and sitting down at the negotiating table. A calm conversation will be a predisposing factor for finding a compromise solution. Find evidence of the father's non-participation in raising the child. The mother can try to communicate with people who have witnessed the indifferent attitude of her ex-husband. If there are constant delays in alimony payments, you can contact the bailiff in charge of the case to obtain a certificate of debt. Try to deprive the father of parental rights If the father abuses his duty, is addicted (to drugs, alcohol), abuses a child, or commits a crime to the detriment of the family, the mother must file a claim to deprive her husband of parental rights. Based on the court verdict, the PLO will agree to change the surname.

Features of changing patronymics in children under 14 years of age

The adoptive parent, who is the new spouse of the mother, has the right to change the patronymic name of his child. The adoption procedure is carried out in court after receiving the approval of the PLO.

The biological father's permission is required unless he has been deprived of parental rights. In the statement of claim, the stepfather will have to indicate the requirement to change the full name of the adopted child.

A single mother can independently submit a request to change her middle name in the following cases:

• instead of information about the father, there is a “dash”;
• information about the parent was entered from the words of the mother;
• the father was deprived of the right to raise the child.

The rest of the algorithm of actions is similar to that when changing a surname. The single mother will have to wait for the PLO’s decision and go to the registration authority office.

Change of full name from 14 to 18 years old

Teenagers from 14 years of age have the right to independently initiate the procedure for changing their last name, first name, and patronymic. There is no need to contact the OOP for approval. The only condition is the consent of the parents or guardians (trustees). Based on the permission received, the Civil Registry Office staff will make adjustments to the database.

If the child is not allowed to change his full name at his own discretion, then he will have to contact a legal authority. The registration records will be corrected by employees of the registration authority office after the court verdict is presented. The minor will only have to fill out an application using Form No. 15:

• address of the registry office;
• current and new full name;
• day and place of birth;
• citizenship;
• registration number assigned to the teenager at birth;
• Family status;
• information about the applicant's children;
• reasons for making changes;
• place of residence;
• passport details;
• list of documentation attached to the application.

There is no need for court proceedings and parental approval for the emancipation of a child. The phrase means obtaining full legal capacity before adulthood.

The moment is relevant when getting married early or starting a labor (entrepreneurial) activity.

Civil registry office employees will have to present evidence of the applicant’s emancipation, for example, a work record book or a marriage certificate.

Delivery of documents

Having fulfilled the necessary conditions and paid the state fee, the applicant will only have to wait until the end of the month for consideration of the request by the Civil Registry Office staff. If the request is approved, a certificate will be issued containing the following information:

• Full name before and after changing the data;
• citizenship;
• day and place of birth;
• date of modification;
• information about the registry office where the application was submitted;
• date of issue of the document.

If your full name changes, you will need to obtain new health insurance. You will have to contact the local branch of the insurance company where the minor or his parents live. Other documents, for example, SNILS and international passport, also need to be replaced.

Changing a child's surname is possible with the consent of his parents and employees of the educational institution. The opinion of a minor will be required only when he reaches 10 years of age. If the father or mother is against the changes, the application will be rejected.

The initiator of the procedure will have to find a valid reason for correcting the registration record or use one of the legal ways to solve the problem. A child has the right to independently change his last name, first name and patronymic after 18 years of age.

An exception is permissible only in cases of emancipation.

Is it possible to change your last name at the age of 14 when receiving a passport?

The legislation of the Russian Federation establishes that the name of the child at birth is given by the parents. The patronymic is assigned either by the name of the officially recognized father or by the wishes of the mother. The surname is given by the surname of one of the parents.

Read also: US visa for children under 14 years of age: how to get it in 2020

But sometimes life doesn’t work out as well as planned, and the question arises whether it is possible to change a child’s last name at the age of 14.

Read on in the article about in what cases such a need may arise, what this legal procedure is and what is required for it in 2020.

Reasons for changing your surname at age 14

Situations due to which parents may need to change the surname of a minor child can be very different. But speaking in general terms, most often the need for this procedure arises for the following reasons:

• Divorce between spouses. The parent who keeps the child may want to change his last name. For example, a mother may decide to give her daughter her maiden name.
• Deprivation of one of the spouses of parental rights. In such cases, the child often wants to change his last name on his own initiative.
• The death of the father or his recognition as missing.
• Detention of one of the parents.
• Among the most common reasons is the situation when a woman whose child bears her last name (for example, if paternity has not been established) gets married. If the new spouse decides to adopt a child, then the woman accordingly has the need to change the surname of her daughter/son to the surname of her husband.

How to change a child's surname at 14 years old

There can be several ways to change the surname of a minor: before receiving a passport or after the document has been issued; Sometimes it is necessary to change the name of a child under 14 years of age. Each option should be considered separately.

Changing your last name when receiving a passport

At the age of 14, the little citizen receives his first passport.

If a child wants to receive a passport with a new surname, then you must first carry out the procedure of changing the surname (as well as the first name, if required), obtain a birth certificate with updated data, and then receive a passport for the new name.

Otherwise, you will first have to issue a passport in your old name, and then change it to a document with a changed name. In this case, you will need to pay a state fee to replace your existing ID card.

Since we are still talking about a minor, in order to change the name when receiving a passport, the consent of both parents will be required. If there are no grounds for disregarding the disagreement of the father or mother, the matter will have to be resolved in court.

Changing the surname of a child under 14 years of age

In order to change the surname of a child under the age of 14, either the consent of both parents is required, or compelling reasons are limited to the will of only one of them. Thus, changing the surname of a child under 14 years of age without the consent of the father will be possible, for example, if the child has been deprived of parental rights.

Moreover, in the case of children over the age of 10 years, the consent of the child himself will also be required, which will need to be formalized in writing by the guardianship and trusteeship authority.

Changing your last name after issuing an identity card

Many citizens are interested in whether a child can change his last name at the age of 14 after receiving a passport. For example, if the child himself wanted to change his name. We answer - yes, such a possibility is permitted by law.

The essence of the procedure is similar - obtain written permission from the parents or take evidence confirming that the permission of one of them is not necessary.

You will also need to write an application on behalf of the person on whose initiative the procedure is being carried out and provide other necessary papers.

In cases where not the entire package of documents has been collected or when there are some aspects that impede the name change, the applicant may be denied this legal procedure. Please note that such a decision must be accompanied by official explanations from the person in charge. All transferred documents must then be returned to the owners.

Take a sociological survey: Procedure for changing your last name

Since it is impossible to provide an exhaustive list of documents, do not forget to first clarify how to change a child’s last name in your particular case, what documents will need to be collected for this.

For this purpose, you can sign up for a consultation with a lawyer or contact the guardianship authority or the registry office with the relevant question. Otherwise, your request will simply be denied.

Next, all papers, along with an application for a name change, must be submitted to the guardianship authority corresponding to the child’s place of residence. This can be done either in person, by mail, or through your legal representative. In the latter case, you will first have to issue a notarized power of attorney for the person who will act on your behalf in this matter.

After the documents have been reviewed, the specialist from the guardianship authority will issue his opinion. This will be either a refusal with recommendations for further action, or permission allowing you to proceed to another stage of the procedure.

Contacting the registry office

If the guardianship authority has approved your application, the next organization you will need to contact is the registry office corresponding to the child’s place of residence, or the registry office that issued him a birth certificate. In addition to the documents, the application will need to be accompanied by a receipt for payment of the state fee.

At this stage, you will again have to be patient, since this government agency will also check the possibility of changing your last name in your situation.

In the application to change your last name, you will need to not only inform about your request, but also tell about the reason for this procedure: why exactly you made such a decision.

For greater persuasiveness, it would not hurt to refer to the relevant articles and paragraphs of legislation.

And, of course, you will need to indicate which last name you would like to see on the child’s birth certificate and/or passport.

What documents are needed

Required documents include:

• Parents' passports.
• Child's passport (if available).
• Child's birth certificate.
• Application for name change.
• A certificate from housing authorities about the minor’s place of residence.

In addition, depending on the circumstances of a particular case, you may need:

• Marriage/divorce certificate.
• Certificate of establishment of paternity/deprivation of parental rights.
• A document confirming the fact of the parent's incapacity.
• A document confirming that one of the parents is listed as missing.
• Death certificate of mother/father.
• A certificate from the bailiff service stating that the parent is a debtor to pay child support.

As for the registry office, less paperwork may be required here, since the bulk of the work will be done by the guardianship and trusteeship authority. The standard list looks like this:

• Passports of parents and child (if he has one).
• Statement.
• Permission from the guardianship authority.
• Birth certificate.
• Receipt for payment of state duty.

But in some cases, you may again be required to provide some additional documents.

Payment of state duty

Since changing a surname at the age of 14 is associated with certain legal operations, a contribution to the state budget is expected to be paid for it.

The amount of the duty is fixed in the Tax Code of the Russian Federation and has no regional reference.

At the moment, for the state registration of a name change (whether it is a surname and/or a given name) and the issuance of the corresponding certificate, you need to pay 1,600 rubles.

How long does it take to change your last name?

If everything is in order with the documents and no controversial issues arise, then the authorized bodies will issue a certificate of name change within a month. Sometimes the period for consideration of an application can be extended to 3 months.

Receiving a passport with new data

To receive a passport with new data, you need to contact the Migration Department of the Ministry of Internal Affairs of the Russian Federation at the child’s place of residence with an application drawn up according to a standard form.

It must be accompanied by the parents’ passports, the child’s old passport and a birth certificate issued by the registry office with a new surname. You will also need a receipt for payment of the state duty. The standard time frame for obtaining a new identity card is 10-14 days.

But if the application is submitted to a place other than the child’s place of residence, then you need to be prepared to wait much longer. Up to 2 months.

Changing your last name through the State Services website

If you do not want or have the opportunity to go to the migration service, or if you have any questions, you can use the State Services website. With its help, it will not be possible to change your last name, but you will be able to remotely clarify the necessary information and apply for a replacement passport.

Changing your last name through the MFC

Another way to simplify your task is to visit the nearest multifunctional center that provides state and municipal services to the population. Through it you can complete documents faster.

On the main website of the MFC of the Russian Federation you can find a list of departments throughout the country. It also contains the addresses of the websites of regional MFCs, where you will find contact information or even a form for making an online appointment with a specialist.

The procedure for changing a name through the MFC is extremely simple:

1. Collect a package of papers (identical to the one we have already described).
2. To write an application.
3. Submit papers to the MFC.
4. Wait for the documents to be verified and the final decision on your issue.
5. As a result, you will receive either a certificate of name change or a refusal.

Is it allowed to change a surname without parental consent?

The answer to the question whether it is possible to change a surname at the age of 14 without the consent of the father and mother at the same time will be ambiguous.

On the one hand, if both or at least one parent/guardian have retained their parental rights, are alive and capable, and participate in the upbringing and maintenance of the child, then he will not be able to change his name without their permission.

If there are grounds to assert that the mother and father do not have any rights to the child, then it will still be possible to realize this desire, but only through the court.

Find out more about how to change a child’s surname without the father’s consent.

How to change your last name when receiving a passport at 14 years old

When registering a newborn, the child is assigned the surname of one of the parents, or less often a combination of the surnames of the father and mother (although, for example, the process of obtaining parental consent for the child to travel abroad does not affect this point in any way). According to statistics, in two-parent families, children are most often given their father's surname. But it happens that for some personal reasons a minor citizen wants to change his last name (especially if he considers himself independent due to employment). This becomes possible at the age of 14, upon receipt of a passport as a citizen of the Russian Federation. Let's look at the nuances and features of this procedure in the article.

Is it possible to change your last name at 14 years old?

According to the regulations of Chapter 7 of Federal Law No. 143 of November 15, 1997 “On Acts of Civil Status” and Article 59 of the Family Code of the Russian Federation, it is possible for a minor citizen to change his last name. However, compelling reasons are required to change the hereditary family name. The list of weighty grounds, according to the current legislation of the Russian Federation, includes the following:

• The parent whose last name the child bears does not participate in the life and upbringing of the offspring;
• The marriage between the father and mother of a minor citizen is civil or declared invalid;
• A minor citizen makes a firm decision to change the personal data in question.

Read also: Single mothers in the military: with children under 14 years old

Important! A change of surname by a 14-year-old citizen is not permitted without the written consent of the parents of the minor child.

To carry out the procedure under consideration, the legal representatives of the minor child must appear with him at the registry office at the place of residence. If it is impossible to appear, documentary evidence from parents or guardians certified by a notary is provided.

Without father's consent

In standard cases, to change any personal data of minor children, as well as to move them outside the borders of the Russian Federation, the consent of both biological parents or official guardians is required. But Chapter 7 143-FZ provides a list of reasons on the basis of which it is possible to change a child’s last name when receiving a passport without the consent of the father. The reasons may be the following:

• The biological father does not pay child support in favor of the minor;
• The parent is declared physically or mentally incompetent;
• The father left the family and hides his current location from his ex-wife, child and other members of their family.

In any case, to change the surname of a 14-year-old child without the consent of his biological father, a solid documentary evidence base is needed.

Testimony from teachers, neighbors, and family friends will be needed to prove that the father does not take proper part in the life of a minor citizen.

A woman can involve employees from her place of work and her ex-husband’s superiors as witnesses in order to convict this citizen of non-payment of alimony.

Exceptions: if the biological father is deprived of parental rights, or if the marriage with the mother of a common child has not been officially registered, the man’s consent is not required.

If the biological father does not live at the registration address, the mother can change the child’s surname without notifying her ex-husband. However, a notice is sent to the address of his official residence , and if this citizen is somehow notified of the actions in question without his knowledge, he has the right to appeal them.

Procedure

To change your last name when receiving a passport at the age of 14, a minor citizen must enlist the support of adults. The algorithm of actions for a teenager will be as follows:

• Talk to your parents or guardians about your decision;
• Will go to the registry office accompanied by parents or guardians, or with their notarized consent.

legal representatives should take the following steps:

• Contact the guardianship authorities and obtain their consent;
• Collect the necessary package of documents and register it in the register through the guardianship authorities;
• Pay the state fee;
• Complete an application and additional documentation for submission to the registry office;
• Go to the registry office together with a minor who has decided to change his last name;
• Transfer documentation to an authorized person;
• Wait for a decision on your application.

The application is reviewed within 30 working days, in some cases - up to 60. If in the end the teenager is allowed to change his last name, he is issued a certificate confirming the changes in personal data.

After receiving a confirmation certificate, in connection with the changes made, it is necessary to change the passport, if any. Medical insurance and diplomas are not subject to change.

List of documents

In order to change your last name, you must collect current documentation. The list of documents depends on the consent of both parents and other factors, and is therefore not strictly limited. The following documents are required:

• Statement;
• Identification documents of parents or guardians (or one parent in special cases);
• Official consent of the guardianship authority;
• Written consent of the teenager;
• Excerpt from the house book;
• Certificate of divorce of biological parents.

As additional documentation, you may need witness testimony exposing the indifferent attitude of the father towards the minor citizen, notarized consent of the parents if it is impossible for them to be personally present during the execution of documents, a written statement of the request to change the surname indicating compelling reasons.

Statement

In order to change your last name, you must fill out a corresponding application. The application form for changing the personal data in question by a teenager when receiving a passport is filled out extremely correctly, without blots or corrections. A document that is incorrectly completed or contains false information will not be considered.

The application form is the same for both adults and minor citizens of the Russian Federation. The mandatory points of the document in question, if submitted by a minor child, are:

• Indication of the registry office department where the application is being submitted;
• Personal information about the applicant;
• Information about the person whose last name should be changed;
• Citizenship of a teenager;
• Date of birth in day/month/year format;
• Passport details of the teenager;
• A detailed description of the reasons why it became necessary to change the data in question.

How to change a child's last name without the father's consent

When drawing up an application for divorce, each spouse is asked to choose a surname that will remain after receiving the “divorced” status. Therefore, it is not difficult for a woman to regain her old one, which was before marriage. With children everything happens differently. Before reaching working age, a child can change personal data only with the consent of the persons responsible for him. How to change the surname of a child under 14 without the father’s consent to the mother’s surname: is his consent required at all? In most cases, yes.

How personal data is changed

Any adult citizen can change not only his last name, but also his first name and even patronymic whenever he pleases. To do this, you need to submit a corresponding application to the territorial registry office, pay the state fee for making changes and receive new documents.

A child, even if he has already received a passport, can change his data only with the consent of his legal representatives, by contacting the guardianship and trusteeship authorities on this issue together with them.

You will need documents confirming the status of legal representatives, a statement with arguments in favor of changing the surname and consent. If mutual understanding is reached in the family on this issue, there will be no difficulties with the change.

It’s another matter if one of the child’s parents is against it. After divorce, children remain with one of the parents - by mutual consent of the former spouses or by court decision. Usually the question of how to change a child’s last name arises if the children remain with their mother.

She decides to get rid of everything that reminds her of her ex-husband as much as possible, including his last name.

For a father who left the family, this may not be a fundamental issue - then the change of surname occurs according to the standard scheme with two statements from mom and dad.

Changing a surname is a matter of moral values, which, however, former spouses can speculate on. The father may object for various reasons:

• He is proud that the child continues his family and bears his surname;
• He wants to harm and complicate the life of his ex-wife as much as possible;
• He doesn’t resist, he just doesn’t get in touch and doesn’t want to negotiate. He does not care.

The “family issue” does not affect any property relations. Therefore, the best solution to this conflict is still an attempt to peacefully resolve and come to an agreement.

Reasons for changing a child’s surname after a divorce

Article 59 of the RF IC allows for changes to be made to a child’s birth certificate without the consent of one of the parents by court decision. But the list of such situations is limited, and if there is not a single argument in favor of changing data other than desire, there is only one way left: wait for the child to come of age.

The grounds and circumstances are as follows:

1. The child was born in a “civil marriage” - that is, the mother and father were not officially registered. If the mother, upon receiving documents for the child, decided to assign the child the father’s surname, it will be possible to change this decision without his consent later only through the court;
2. The father does not participate in the life of his child: he does not live with him, does not deal with issues of upbringing, does not provide financial support;
3. The father evades paying child support. In addition to the fact that this becomes a compelling reason for depriving his parental rights, such a fact can pass as an argument in favor of the mother’s intention to change the child’s surname;
4. As for the official deprivation of parental rights: if this happened, and the mother has a corresponding court decision in her hands, it will not be difficult for the baby to change the surname: the father’s opinion in this matter is no longer required, since he is officially no longer the father;
5. The woman does not know where her ex-husband is. He may either be documented as missing or simply not report his whereabouts (and, accordingly, not provide any support in the maintenance and upbringing of the child). If there are documents confirming the father’s absence (he died, disappeared or is incapacitated), the change of surname will take place without his participation and even without the participation of a judge.

When can you limit yourself to going to the guardianship authorities?

• If you managed to persuade your father that a change of surname is necessary;
• If the father is absent, and this is confirmed by a death certificate, a court decision declaring him incompetent or missing.

What documents are needed:

1. A statement from the mother with arguments in favor of changing the surname. If the child already has a passport, then the application is drawn up on his behalf, and two (or one) consents are attached to it;
2. Divorce certificate, if available;
3. Child's birth document;
4. Consent of both parents. It is not necessary for everyone to go together; you can get a notarized written consent from the father. The notary office will help you draw it up. In general, it is written in free form, indicating personal data and proof of relationship. If the father is not present, instead of a paper from him, you need to attach a paper proving his absence;
5. Certificate of registration or residence of the child;
6. Personal documents of the parents (again, you can get a certified copy from the father).

The guardianship authorities review the package of documents and, if approved, issue permission to change the surname.

In what cases will you have to go to court?

1. If after the divorce the father exists and participates in the child’s life, but in the mother’s opinion it is not enough;
2. If the father fundamentally does not agree to change the child’s surname;
3. If the ex-husband avoids communicating with the child’s mother and does not make contact.

In addition, you can sue the guardianship authorities if they do not approve the desire to make changes to the child’s data.

How to do it:

• You can contact the court with a request only to change your last name;
• You can include this requirement in the statement of claim for prosecution for non-payment of alimony.

Claims in such cases are drawn up according to the same procedure:

1. Name of the court and personal data of the plaintiff and defendant;
2. Listing the circumstances of the case. Here you need to indicate the reason for the desire to change the child’s last name, and the family situation (parents are divorced, the father does not participate in the child’s life, live separately, etc.), and even ask to check the legality of the guardianship authorities’ refusal, if any;
3. Consent to change the surname from the child himself, if he is already 10 years old;
4. Claims, including allowing a change of surname indicating which one, as well as others (for example, assigning alimony, forcing the payment of alimony, etc.);
5. List of copies attached to the claim.

Read also: Alimony on a child’s card and on a wife’s card

As usual, you need to generate several sets of documents: for the judge, for the plaintiff and for the defendant. Then – attend court hearings and convincingly prove your position.

Atypical situation: changing the surname to the paternal one

Usually, after a divorce, a mother seeks to give her child her last name. But the opposite way is also possible. If the mother seeks to establish paternity, this may become the basis for changing the child’s data to the father’s surname. This can also be done without the consent of the father - through the court, simultaneously with the establishment of paternity.

If legal confirmation of the fact of relationship with the father is not necessary, and there is a dash in the “father” column in the birth document, the mother can change the child’s surname without the consent of the actual parent. For anyone, including his.

Common reasons for switching

In order for the consideration of the issue by the guardianship authorities or in court to proceed quickly and successfully, the following arguments can be made:

1. The mother has already changed her last name, and it is inconvenient for her and the child to live with different data. The fact is that in this case she always needs to have with her evidence of kinship and legal representation. Indeed, an uncomfortable situation, including from a moral point of view;
2. The child’s current surname is dissonant, because of it it is difficult for the child to study at school (he has to endure name calling, constantly correct the correct pronunciation and spelling, etc.);
3. Different surnames may affect inheritance rights in the future. The child, of course, will receive everything that is due to him, but many difficulties will arise that are best avoided now;
4. A child over 14 years old can give his own reasons (including the following: a desire to change his last name because it was borne by a famous relative, a great person, etc.). Proving the significance of this event from a moral point of view means convincing the judge to make a positive decision.

What to do next?

After a positive decision is made by the guardianship authorities or the court, the following scenarios are possible:

• The father will appeal and present arguments in his favor. Theoretically, if they turn out to be more convincing, the court will side with him and overturn the previous decision. In practice, this rarely happens;
• With a court decision that has entered into force, as well as with approval from the guardianship authorities, you can go to the registry office.

Here again you will have to write a statement. For a citizen from 0 to 13 years old, this is done by his legal representative. The application is accompanied by a positive decision received earlier. After a few days (from 10 to 30) you can pick up a new birth certificate.

What documents should I change later?

Don’t forget to take care of other documents after changing your child’s last name:

• Registration information;
• Documents for property, if any is registered in the name of the child;
• International passport;
• TIN;
• SNILS;
• Documents in an educational institution, etc.

All this is done on the basis of a new birth document; the participation of the second parent is no longer necessary.

Cost of changing a surname

• The state fee for changing a minor’s data and issuing a new document is 1,600 rubles. Paid to the account of the registry office to which the application will be submitted;
• Applying to the court to allow a change of name will cost 300 rubles for consideration of the issue. This is a non-property claim, so its price is fixed. If the claim mentions any material benefit, the state duty is calculated based on its value.

Important! Claims on issues of alimony, determining the place of residence of children and deprivation of parental rights are not subject to state duty.

But if you include a change of surname in the list, filing a claim becomes subject to a fee.

Conclusion

Issues concerning the fate of children under 9 years of age require only the intervention of legal representatives. But from the age of 10, the child’s consent to the actions being performed is also required. If a child aged 10-13 refuses to change his last name, the court will be obliged to take this fact into account and assess the need for a change.

The opinion of both parents is also necessary if they are alive, in adequate condition and involved in the fate of the children. The main thing is to obtain permission from the guardianship authorities or the judge. To convince them of the need for action, any compelling argument will do. In complex cases, it is recommended to obtain legal advice if this issue is of fundamental importance.

In the future, the procedure for changing your last name will no longer be difficult.

Is it possible for a child aged 14 to change his last name, first name and patronymic when receiving a passport?

At birth, the child receives a first name, last name and patronymic in accordance with the data provided by the parents.

The first name is chosen by the father or mother, the child’s last name is the last name of one of his parents or their common name, and the middle name is determined based on the father’s name or according to the mother’s words if the father is unknown.

If desired, any of the specified characteristics can be changed, including upon receipt of a passport.

Legislative regulation

At the legislative level, the issue of changing a surname is regulated by the norms of Law No. 143 “On Acts of Civil Status”, which was adopted on November 15, 1997. The Family Code of the Russian Federation enshrines the right of a child to have a first name, surname and patronymic, and also establishes rules for changing them. The legal requirements on this issue are contained in Article 59 of the RF IC.

Rules for changing your full name when receiving a passport at 14 years old

The legislation of the Russian Federation allows you to change a child’s surname both before he turns 14 and after that day. However, until the specified age is reached, initiative can only come from parents. After 14 years of age, a child has the right to express a desire to change his surname. However, starting from the age of 10, changing personal data is impossible without the consent of the child.

The child cannot receive any surname. The law allows you to change his surname to the surname of the second parent. In some situations, it is possible to change to a double surname (mother and father).

The child can also change his middle name. However, this is allowed only in one case - if the mother’s new husband adopts him. In this case, only the permission of the mother and the consent of the adoptive parent are required.

Is parental permission required?

If a 14-year-old citizen wants to change his surname, he can do so, but only with the written consent of his parents or one of them under certain circumstances. This is done to prevent the child from making erroneous, rash actions that could lead to serious negative consequences.

A minor citizen over 14 years of age has the right to change his last name without parental permission only in one of the following cases:

• if he was recognized as fully capable (allowed from 16 years of age);
• if this procedure was initiated by a court decision.

In the latter case, the court can make a similar decision if it is proven that the child’s mother and father do not take part in his life. It follows from this that they do not have the right to dispose of his name and surname.

In what cases can you do without the father's consent?

To change the child's surname and first name, it is necessary to obtain the consent of both parents. However, Russian legislation allows for the possibility of situations in which the father's consent is not required. Permission is not necessary if the father:

• does not participate in the child’s life, does not raise or support him;
• does not pay child support;
• has gone missing or is deliberately hiding his whereabouts;
• is in prison;
• declared incompetent by the court;
• deprived of parental rights.

The issue of changing the child’s data will be considered by the competent authorities based on the application of one mother. In addition to the basic package of documents, she must provide certificates confirming that there is no need to obtain permission from her father.

Contacting the guardianship and trusteeship authorities

READ ALSO: Is it possible to change the last name in your passport at your own request?

To begin the procedure, you must contact the guardianship and trusteeship authority located at the place of registration of the child.

Authorized persons of the government body will advise on the possibility of changing the last name and provide a list of documents that need to be collected.

In each region, communication with guardianship authorities occurs differently; the package of documents also depends on the specific region.

The result of contacting the guardianship authorities will be a decision of the authority: approval or refusal. If the applicant is denied his application, he will be provided with a comprehensive list of reasons and advised of further actions.

Contacting the registry office

If the guardianship and trusteeship authorities have granted the parent permission to carry out the procedure to change the child’s surname, you should contact the registry office. It is this government body that carries out the procedure on the basis of a written application from a parent or child over 14 years of age.

The procedure is as follows:

• make an application;
• provide documents;
• pay the state fee;
• submit documents to the civil registry office;
• wait for the official decision.

Compiling and submitting an application

The application can be written at home by taking a sample from the registry office. Its form and structure are no different from the application, which in such a situation is drawn up by adult citizens.

The application contains the following information:

• the name of the institution to which it is transferred;
• surname, name, patronymic of the applicant;
• date of birth;
• passport details;
• registration address;
• a detailed description of the requirements and the grounds for their implementation;
• signature and date of document preparation.

Related documents

The following must be attached to the application:

• passport of one or both parents;
• consent of the guardianship authorities in writing on the authority’s letterhead;
• written consent of the second parent (if necessary);
• child's birth certificate;
• the child’s written consent if he is over 10 years old;
• a certificate confirming the divorce from the child’s father.

State duty amount

When accepting documents at the civil registry office, the applicant will be required to provide a receipt confirming payment of the state fee. Its size is established by the Tax Code of the Russian Federation and is 650 rubles. To pay, you can use the terminal installed in the registry office, or make a payment at Sberbank. In the latter case, you will need a receipt for payment. It can be obtained from the registry office.

Registration deadlines

The guardianship authorities process the request for about two weeks. After receiving the documents and application at the registry office, the applicant is given a receipt indicating the deadline for the readiness of the certificate of change of surname.

As a rule, the review period does not exceed 1 month, but in particularly complicated cases the period can be increased to two months.

The resulting certificate serves as the basis for making changes to the child’s other documents.

What documents will need to be changed?

After changing personal data, the child will receive updated versions of some documents in which they will be indicated. Such documents include:

• International passport. Its replacement takes place at the local branch of the Main Directorate for Migration of the Ministry of Internal Affairs of the Russian Federation after payment of the state duty.
• Compulsory health insurance policy. You can replace it by contacting the insurance company that issued it.