How to change a surname to the child without the consent of the father: step by step instruction. Application for the surname change

Changing the personal data of a minor is a process that citizens sometimes have to resort to. Fortunately, this procedure is not so often needed. Nevertheless, it must be remembered in all circumstances, especially women. The article will tell you how to change the name to the child without the consent of the father. Does the mother have this right? And if so, how will it work in this case?

Is the right a myth or a reality?

Under certain conditions, the change in the personal data of a minor passes without much difficulty. For example, when both parents are ready for a similar step. But sometimes there are disagreements. And the real life is such that it is problematic to take into account all its features.

Can I change my surname to a child? The law does not prohibit this operation. Therefore, parents if desired have the right to change the name, surname and even patronymic of the baby. As has already been said, if both parents agree to a similar step, the operation is carried out without much difficulty. But what if the father is against it? Will the mother manage without his consent?

Consent - necessarily or not?

The answer to this question is more difficult than it seems. The idea of changing the name of the child usually comes to the parents after the divorce. In particular, if a mother takes a maiden name or remarries. In Russia, the different surnames of a mother and a minor may lead to a number of problems. Because of them, there is a need to change personal data.

So, we will find out whether it is possible to change the name to the child. Yes, such a right is with the parents of a minor. Moreover, a child at a certain age can change personal data himself. But what if the baby's father is against the procedure?

It should be noted that the consent of the legitimate pope to replace the surname is not always required. Therefore, the mother is able to realize the idea independently.

Main cases

Change the name of the child without the consent of the father can be by law, but only under certain circumstances. It's not always possible for the mother to achieve the desired result, but there is such a chance. It is enough to have at least one of the existing legal grounds for the implementation of the task.

The consent of the father to change the name of the minor is not required under the following conditions:

• He does not have parental rights;
• He was declared incompetent;
• To clarify the attitude to the change of the child's personal data is impossible.

It should pay attention to the fact that non-fulfillment of parental responsibilities also gives the mother of the child freedom in this area. If it is a question of an illegitimate child and the surname was originally appropriated from the words of the mother, the father of the child in principle does not participate in the process of changing the child's data.

Other circumstances

The situations listed above are not exclusive. Just so change the name, like the rest of the child's personal data, you can not. Only in the presence of certain circumstances citizens can apply to the registration authority for help.

In addition to the above situations, it is possible to change the child's name before obtaining a passport in the following cases:

• adoption;
• Religious beliefs;
• The child's desire to change his surname;
• Re-marriage of a child's mom / dad;
• Termination of parental rights for both legal representatives.

Another nuance that must be taken into account is the consent of the minor himself to conduct the procedure. The Family Code of the Russian Federation specifies that the change in the passport data of a minor takes into account the opinion of the child himself, who has reached the age of 10 years.

Where to go

Despite all the difficulties, it is quite realistic to achieve a positive result. Judicial practice demonstrates that when a child resides after a parent's divorce, together with his mother, the biological father's consent to change the surname is not required.

Where should I contact the relevant request? To date, the decision to change the name of a minor is made on the basis of a permit obtained from the guardianship authorities.

It is necessary to apply to the authority at the place of residence of the child. If the minor himself decided to change personal data, he will have to apply to the court additionally. But this is only required when the parents are against the operation.

Procedure

How to change the name of the child? In general, this procedure is reduced to the following actions:

1. Collect a certain package of documents. It directly depends on the circumstances under which the data is changed.
2. Write an application for a change of name.
3. Submit an application with the documents to the guardianship authority.
4. To get a permission.
5. Pay the state fee for making adjustments to the birth certificate of the child.
6. Go to the registry office with permission from the guardianship authorities and the necessary papers (about them a little later) to receive a new birth certificate.

Apparently, the mother can independently change the personal data of the child, but only with the proper preparation. Often change the name of the baby, if his father does not succeed. But there are exceptions.

Documents for guardianship

What documents for change of surname are required in guardianship bodies? It all depends on the circumstances under which the procedure is carried out.

Most often from the mother require:

• passport;
• Application of the established form;
• Birth certificate of a baby (with a copy);
• Certificate of divorce (marriage entry) if available.

Usually this is enough. In addition to the mother may require:

• Documents-grounds for conducting an operation (judgment for example);
• Information about adoption.

A special attention should be paid to such a paper as a statement on changing the surname. The thing is that the decision of the guardianship authorities to conduct the operation often depends on this document.

About the application

Now let's talk about how to change the name to the child after the divorce. Without the consent of the father, the mother can make an application to the guardianship authorities in order to obtain the appropriate permission.

As already mentioned, special attention must be given to the application for changing the name of the minor. This document is issued according to the general rules for conducting business correspondence. There is nothing difficult or special in this.

It is important to describe in detail the situation in which you need to change the name to the child without the consent of the father. The more reasoned will be the position of the mother of the minor, the greater the likelihood that the guardianship authority will make a positive decision. Of course, proof of their position is also necessary to attach.

After divorce

As soon as the guardianship bodies consider the request of the citizen to change the child's personal information, it will be possible to move on. To change the surname to the child without the consent of the father, but if there is a certificate from the guardianship authorities it will not be difficult.

So, the legal representatives divorced, the minor lives with his mother. The second parent does not consent to changing the surname when divorced. But this does not mean that it will not work out.

How to change the name of a child after the divorce? The procedure will be exactly the same as it was suggested earlier. But the list of documents will be supplemented:

• Documents indicating the residence of the child with the mother;
• A court decision on divorce;
• Any evidence of evasion of alimony (if any).

Consent from "guardianship" received? Then the operation will not cause problems! You can go to the registry office and get a new birth certificate!

Actions in the registry office

We found out that it is possible to change the child's name without the permission of the father, but for this it is necessary to enlist the support of the guardianship authorities. As soon as the mother is in possession of permission from this service, you can go with him to the registry office at the place of registration of the minor.

With your mother you need to bring some documents. Their full list will depend on the circumstances, but more often they are required:

• passport;
• Permission from the guardianship authorities;
• Application for change of surname;
• The birth certificate of the child.

That's all. After that, you can pay the state duty for the operation (you must show the check in the registry office) and wait for a new birth certificate.

New marriage

What if the mother remarried? How to change the name of the child in this case? It is best to enlist the support of the former spouse and contact the guardianship authorities jointly. If this did not happen, then you will have to act on your own.

Your actions will depend on how the events begin to unfold. The first case - a non-native father does not adopt a child. Then you need to turn to "guardianship" with a statement to replace the name of the daze after the mother receives a passport with a new surname. In the rest, you need to act the same way as it was said before. The child's data is modified on the basis of permission from the guardianship authorities.

The second case is the adoption of a minor. In such a situation, the biological father renounces parental rights. And his permission is not needed. It is enough to come to the registrar with the following papers:

• Statement;
• Passports of parents (mother and stepfather);
• Documents on adoption;
• A receipt for payment of the state fee for making adjustments to the personal data of the minor;
• The birth certificate of the child.

Now you know how to change the name of the child in one or another way. In fact, the procedure is not as difficult as it might seem at first glance.

Waiting period

How long to wait for a response from the guardianship authorities when submitting an appropriate request? The application for changing the surname to the minor is processed within one month from the date of filing.

This means that after the mother's treatment, no more than a month should pass before the guardianship authorities give permission for changing the child's personal data.

In the registry office, the birth certificate will be changed approximately 5 to 10 days. Sometimes the period may increase. It depends on the load on the registration authority.

Content of the application

Change the name of the child without adoption is possible. But, as was repeatedly stressed, if the biological father of the baby does not agree with this decision, we will have to seek justice through the guardianship authorities.

In the application for replacement, the surnames are necessarily written:

• Place of residence of the applicant;
• The date of birth of the person who makes the request;
• Name of the applicant;
• Date of birth and citizenship of the parent who applies to the guardianship authority;
• Data on the child;
• The applicant's marital status;
• New data on the minor;
• The grounds under which it is necessary to change the name of the baby.

It is the last item that will have to be given special attention. It is desirable to have evidence of some or other reasons for changing the name without the permission of the father.

If refused

Can a former wife change her name to a child? Yes. Especially if the minor lives with her on an ongoing basis. Different surnames of mother and child lead to some legal problems.

Sometimes it happens that the guardianship authorities do not allow the mother / father to change the personal data of the minor. What to do in this case?

The decision taken by the ward can be appealed in court. Especially if the parent has grounds for changing the child's data unilaterally, without the consent of the second biological parent. In this case, the documents attached to the claim will be exactly the same as in the case of appeal to the guardianship authorities. The only difference is that the mother of the child applies a refusal of guardianship to the statement of claim.

Results and conclusions

We examined how it is possible to change the name to the child without the consent of the father. Of course, it is worth considering everything beforehand in order to anticipate possible difficulties. After all, in practice, things usually do not turn out as smoothly as we expect.

In particular, the problem is complicated by the fact that the Family Code requires in most cases permission from both parents to change the personal data of the child. And the guardianship authorities do not always take the side of the mother who changed her surname. But this does not mean that it is impossible to reach a just solution. The mother is able to file a lawsuit against the guardianship authorities to appeal their decisions.

Under emancipation, a minor does not need permission from the parents to change personal data, nor approval of the guardianship authorities, nor a judicial decision. Emancipation is available from 16 years.

Children after receiving a passport can change their personal data on a court decision, the permission of the guardianship authorities or after the approval of both parents. The procedure will be exactly the same as described previously.