Traditionally, after registering a marriage, both spouses have the same surname, usually belonging to the husband. In this case, the same surname is given to the child at birth. But there are situations when it becomes necessary to change the name of the child. This process is regulated by law and for the completion of the procedure, appropriate grounds and permission of the guardianship authorities are needed. Let's consider cases when it is possible to change the name to a minor child.
How to change the name of the child after the establishment of paternity?
If the registration of a child born out of wedlock, paternity is not established, the child is automatically registered with the mother's name. If the father expresses the desire to give the child his surname, then at the time of registration parents must file a general application. It also happens that first a child whose father is not inscribed on the birth certificate gives the mother's name, and then the parents decide to change the child's name to the father's, since they live in a civil marriage. In this case, first, paternity is officially certified, and then an application is filed for the change of the child's surname in the documents.
Change of the name of the child after divorce
After the divorce, as a rule, the child remains with the mother, who most often wants to change his name to his maiden. This is quite possible, but with the written permission of the father, and from the age of 10 requires the consent of the child himself. Sometimes it is possible to change the name without the consent of the father, but if there is no good reason, then he can easily challenge this decision of the guardianship authorities through a court that is likely to take his side.
Can a child change his last name without the consent of his father?
The change of the child's surname to the mother's maiden name is possible without the father's documentary consent in the following cases:
- the father deliberately avoids paying alimony and participation in the upbringing of the child, deprived of the rights to the child without justifiable reasons;
- the father is recognized incompetent owing to mental illness;
- father does not live with his family and his whereabouts can not be ascertained.
How to change the name of the child?
As mentioned above, changing the name of the child requires:
- a statement from both parents if the child has reached the age of 10 years, then the permission of the child himself;
- the original and a copy of the birth certificate;
- original of the certificate of divorce.
Often, women, remarrying, want to change the name of the child to the surname of her new husband. This is also possible only with the consent of the child's father. If the father is against, then this is possible only if his paternity rights are denied, which is impossible if he takes part in the life of the child and pays alimony.