Is it possible to change your surname to your maiden name without filing for divorce?

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Published: 10/25/2016

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At birth, a child, as a rule, receives the surname that his parents (or one of them) bears. However, in the event of a divorce, a situation may arise when one of the parents wants to change the surname of their child.

Most often, the initiator of such a procedure is the spouse with whom the child will live after the divorce. Therefore, it is worth considering in more detail the conditions that must be met to change the surname, the procedure for carrying out this procedure and possible disputes.

• Legislative regulation
• Conditions for the procedure The child is under 14 years of age
• The child has reached the age of 14 years

Changing personal data of minors

The procedure for changing a surname varies depending on the age of the minor. The Family Code provides for various options for changing data for children:

• from 0 to 9 years;
• from 10 to 13 years;
• from 14 to 18 years old.

A citizen who has reached the age of 18 has the right to independently change his personal data. He does not require additional permission. Parents can change the surname of a minor child. The law sets restrictions on her choice. You can only replace it with the surname of the second parent.

The influence of the child’s age on the process of changing a surname

There are restrictions regarding changing a child’s personal data:

• a change of patronymic is not possible at the request of only one of the parents;
• You can only change your surname to the surname of the child’s mother or father;
• The adoptive parent has the right to change the child's name at his own discretion.

Also, the change procedure is affected by the age of the child.

1. The child's age is from 0 to 10 years. In this case, the parents or adoptive parents have the right to apply for a change of surname. The guardian cannot initiate changes in the child’s personal data. After drawing up the documents, you need to obtain official permission from the guardianship and trusteeship authorities. All documents are sent to a specific civil registry office to change the information in the civil registration book and issue a new birth certificate.
2. The child's age is from 10 to 14 years. Guardianship authorities are no longer involved, since when the child reaches 10 years of age, he is able to express his desire to change his surname. Parents must come to the registry office with their child, where they write consent to change the surname.
3. The child's age is from 14 to 18 years. When a child reaches 14 years of age, he can independently participate in all processes, but only with the written consent of the parents. If a child wants to change his surname, then only the official consent of the parents is sufficient. Guardianship authorities are not involved in the process.
4. Children over 18 years of age make their own decisions without the consent of their parents and the participation of the board of trustees.

General aspects of changing a surname between the ages of 0 and 13

Changing the personal data of a minor has its own characteristics. Parents who wish to change their child's surname must follow the following procedure:

1. Obtain parental consent.
2. Obtain permission from the district guardianship department.
3. Register the change in the district registry office.

Parental consent

If changing the surname is a common decision of the parents, then they will not have any difficulties with the process. Each of them issues written consent. The document is drawn up in simple written form at the district guardianship department in the presence of a specialist. The citizen confirms his consent with his signature.

A sample of a father's permission to change a child's surname can be downloaded here

If the second parent lives in another region, he must provide consent certified by a notary. The document is sent to the applicant or directly to the district guardianship department.

Important! Parents' consent is only required if they live together or are in a registered union.

Permission from the district guardianship department

Is it possible to change a child's last name after a divorce? This requires permission from the district guardianship department. The document is drawn up in the form of a decree or order from a local government body.

Permission is required even with mutual consent of the parents, it determines whether the rights of the minor are violated. For example, if you apply again to return your previous surname without sufficient grounds, a specialist from the guardianship department will refuse to issue an order.

To receive the document you must:

• contact the guardianship department;
• submit a joint application;
• attach documents and parental consent;
• receive a response from the local government.

First, parents must find out the reception schedule for citizens. This information is located on the website of the local government and on a stand in the building of the district guardianship department. It is important to clarify the admission procedure (the need for an appointment in advance).

The application is completed on a form provided by a department specialist. The document must include the following information:

• name of the local government body, data from the head of the compulsory medical insurance;
• parents' data;
• document's name;
• information about the reasons for the change;
• request for a permit;
• application description;
• date, signature.

The application must be accompanied by:

• copies of mom and dad's civil passports;
• documentation of the minor's birth;
• information about the dissolution of the union between the parents (if any);
• marriage certificate (if the mother is in a new marriage);
• the opinion of the second parent (if he is not present in person);
• consent of a minor aged 10 to 13 years.

A response to the application is issued 14 days after the documents are submitted. It is issued in the form of an order or order. The document may contain information about both consent and refusal.

Attention! The timing and procedure for obtaining a permit may vary depending on the region of application. The procedure is determined by regional administrative regulations.

Registration of changes in the regional registry office

The body authorized to change a child’s surname after a divorce is the district registry office. Parents must provide the following information:

• civil passports of mother and father;
• birth document of a minor;
• order of the guardianship department;
• application for change;
• duty receipt.

The fee in 2020 is 1,000 rubles. The period for reviewing documents is 30 days. The specialist makes changes to the registration book. Parents are issued a new birth document.

Change options

Is it possible to change a child’s last name without the father’s consent after a divorce? Consent to a change is required only in cases where the parents are married and live together. After a divorce, you only need to take into account the opinion of the parent who lives separately.

Taking into account opinions means clarifying the citizen’s attitude towards making changes. However, the guardianship authority is not obliged to follow his decision. The permission must be taken to protect the interests of the minor.

The law provides a list of grounds according to which the father’s opinion is not required to be taken into account at all. Among them:

• recognition as incompetent;
• unknown absence;
• deprivation of parental rights;
• evasion of duties, including failure to pay alimony.

To prove the above facts, the applicant must submit the following documents:

• court decision (in case of deprivation of rights, incapacity or recognition as missing);
• information about the existence of debt for financial support of a minor;
• decisions on bringing to administrative responsibility for evasion of financial support for a child or failure to fulfill other duties;
• other evidence.

Is it possible to change a child's surname without the father's consent?

The basis for changing a child's surname is the mutual consent of both parents. However, there are exceptions in which the consent of the second parent is not required. So, in paragraph 2 of Art. 59 of the RF IC considers the circumstances in which the father’s opinion on changing the child’s surname is not taken into account:

• there is official legal confirmation of the father’s incapacity;
• he evades paying alimony;
• declared missing or there is no information about his whereabouts;
• the father is deprived of parental rights;
• ignoring your parental responsibilities;
• the child was born out of wedlock.

To apply for a change of surname without the consent of the father, documentary evidence of each circumstance must be attached for which his vote is not taken into account.

Father's incapacity

Only a court has the right to recognize a person as legally incompetent, if there is a medical report from the MSEC or a forensic psychiatric commission. Copies of these documents are submitted along with the application to change the surname.

Evasion of alimony payments

A willful defaulter of alimony is considered to be a citizen who has not made payments for more than 6 months. But, this fact must be recognized in court in order to be able to ignore the father’s voice when changing the surname.

Lack of information about the whereabouts of the father

In this case, the applicant must obtain a police certificate confirming that the father does not live at his registration address and put him on the wanted list. The guardianship and trusteeship authorities very carefully check this issue and ask for evidence that the whereabouts of the child’s father is not possible. For confirmation, it will be sufficient to have a court decision declaring the father missing or a search statement.

Avoidance of parental responsibilities

This situation is considered when the father, for no apparent reason, does not take part in raising the child. This can also be attributed to the father’s refusal to pay child support, since the financial support of the child is the main responsibility of the parents.

Father deprived of parental rights

Deprivation of parental rights occurs in court. When submitting an application to change a surname without the consent of the father, it must be accompanied by a court decision on deprivation of parental rights.

Bastardy

If a child was born out of wedlock and genetic confirmation of paternity has not been made, the mother can contact the guardianship authority and obtain consent to change the child’s surname.

How to appeal the refusal of a guardianship authority

Is it possible to change a child's last name after a divorce? The law does not prohibit the guardianship authority from giving permission to change the details of a minor in the event of parental divorce, if the father is against it. The only condition is the feasibility of such a change.

The need is determined individually. The most painless process for a child is to change their surname before the age of 6. So that before entering school he has time to get used to the new surname and respond to it.

If the mother’s application is refused, the woman has the right to challenge such a decision in court. The law establishes a 14-day period for challenging acts of a local government body in court.

In the process, the woman must prove that the different surnames of the mother and child interfere with an active social life. In order to purchase tickets for a minor, a divorce and birth certificate is required to prove the relationship. You will have to carry these documents with you at all times and present them upon request:

• when registering for kindergarten;
• when entering school;
• for carrying out any medical procedures;
• when crossing passport control;
• in other situations.

Important! The court almost always takes the mother's side when considering an application to change the child's surname after a divorce.

Changing the surname of a child from 10 to 13 years old

Changing a child's surname without the father's consent after a divorce is possible. Depending on the age of the minor, the situation becomes more complicated. A citizen over the age of 10 is given additional rights and responsibilities. Among them is the right to opinion.

Taking into account the child’s opinion on changing the surname in the event of parental divorce is mandatory. In its absence, it is impossible even to challenge the decision of the guardianship authority in court. The court is obliged to protect the rights of a minor, including his first name, patronymic and last name.

This situation arises if a woman wants to change her child’s surname to the one she received in her new marriage. If the stepfather and the minor do not have a good relationship, he may refuse.

A sample of a child’s permission to change their last name can be downloaded here

Contacting the guardianship authorities

IMPORTANT
To change the surname of a child under 14 years of age without the consent of the father, the applicant must contact the guardianship and trusteeship authorities during office hours; it is necessary to choose the department that operates at the place of registration. The law allows not only personal appeal, but also sending documents by mail or through a representative. In the latter situation, it is necessary to form a power of attorney for the representative and have it certified by a notary.

The procedure for changing a child’s surname without the father’s consent consists of the following steps:

1. During the initial appointment, it is clarified what package of documents is needed, because it can change and be supplemented depending on the region and local laws.
2. Collect papers and write an application. Application is absolutely free, so no fee is paid.
3. Submit documents to the guardianship authorities, where they will be immediately registered; in return, the applicant receives a copy of his application. There will be a mark on it indicating that the documents have been accepted; in addition, the date of receipt and registration number will be indicated.
4. The application will be reviewed as soon as possible, but the law does not limit employees, so there are no specific deadlines. The specialists will inform the applicant about their readiness.
5. Receiving permission or notification of denial of an application.

Based on the results of reviewing the documents, employees must make a written decision. Even if the request to change the child’s surname without the consent of the father is refused, there must be a separate document. If the decision does not satisfy the applicant, it can be appealed in court, as provided for in relation to other decisions of the guardianship authorities in accordance with Art. 11 Federal Law “On guardianship and trusteeship” dated April 24, 2008. No. 48.

How to change your last name after your fourteenth birthday

Is it possible to change the surname of a child over 14 years old during a divorce? There is such a possibility. In the absence of solidarity with the father, it is more difficult to realize it. After reaching 14 years of age, a minor becomes partially capable. From now on, he does not need an order from the guardianship department to change his last name.

However, the obligation to provide the consent of the father and mother to the registry office remains. If the man is against it, it is possible to resolve the issue in court. To do this, the minor goes to court to protect his rights. If the court satisfies the request (in most cases), then the child receives a court decision.

The review period will take from 2 to 3 months. The court decision will come into force 30 days from the date of issuance. The minor receives a decision and submits an application to the district registry office. You must contact the department where the birth of the child was registered.

The application form is provided by specialists from the Civil Registry Office. The applicant is a child. The document must include the following information:

• department name;
• personal data of the applicant;
• civil passport details;
• nationality;
• citizenship;
• place of registration of the minor;
• new surname;
• parental consent or court decision.

A minor is not exempt from paying the fee. After submitting the application, a new document on birth and change of surname is issued on the same day.

Based on them, it is necessary to change the passport. The citizen is obliged to do this 30 days from the date of receipt of new documents.

At what age can you change a child’s last name?

NANN!

These issues are regulated by the Federal Law of November 15, 1997 No. 143-FZ “On Acts of Civil Status”, or more precisely by Articles 58-63 of this law (see below for extracts from these articles).

Article 58. Change of name

1. A person who has reached the age of fourteen years has the right to change his name, which includes his surname, first name and (or) patronymic.

2. The change of name is carried out by the civil registry office at the place of residence or at the place of state registration of birth of the person wishing to change the surname, first name and (or) patronymic.

3. A change of name by a person who has not reached the age of majority is carried out with the consent of both parents, adoptive parents or a guardian, and in the absence of such consent, on the basis of a court decision, with the exception of cases where the person acquires full legal capacity before reaching the age of majority in the manner prescribed by law.

4. A change of name for a person under the age of fourteen, as well as a change of the surname assigned to him to the surname of another parent, is carried out on the basis of a decision of the guardianship and trusteeship authority in the manner established by Article 59 of the Family Code of the Russian Federation.

5. A change of name is subject to state registration with the civil registry office.

Article 59. Application for change of name

An application for a name change is submitted in writing to the civil registry office.

Such a statement must include the following information:

- surname, first name, patronymic, date and place of birth, citizenship, nationality (indicated at the request of the applicant), place of residence, marital status (married or unmarried, widowed, divorced) of the applicant;

- last name, first name, patronymic, date of birth of each of the applicant’s children who have not reached the age of majority;

- details of civil registration records previously compiled in relation to the applicant and in relation to each of his children who have not reached the age of majority;

- surname, first name and (or) patronymic, chosen by the person wishing to change the name;

- reasons for changing the surname, first name and (or) patronymic.

A person wishing to change his name signs an application for a name change and indicates the date of its preparation.

The following documents must be submitted simultaneously with the submission of such an application:

— birth certificate of the person wishing to change his name;

- marriage certificate if the applicant is married;

- a certificate of divorce in the event that the applicant applies for the assignment of a premarital surname in connection with the dissolution of the marriage;

- birth certificate of each of the applicant’s children who have not reached the age of majority.

Article 60. Procedure for state registration of name change

1. State registration of a name change is carried out on the basis of an application for a name change.

2. An application for a name change must be considered by the civil registry office within one month from the date of filing the application.

If there are valid reasons (failure to receive copies of civil registry records that need to be amended, and others), the period for consideration of an application for a name change may be increased by no more than two months by the head of the civil registry office.

3. Upon receipt of an application for a change of name, the civil registry office requests copies of civil status records that need to be amended in connection with the change of name from the civil registry office at the place of their storage.

4. If civil status records that need to be amended in connection with a name change are lost, state registration of the name change is carried out only after the records are restored in the manner established by this Federal Law for the restoration of civil status records.

If there are inconsistencies in information in the documents submitted simultaneously with the application for a change of name and in the received copies of civil status records, such inconsistencies must be eliminated in the manner established by this Federal Law for making corrections and changes in civil status records.

If it is necessary to restore or change a civil status record, the period established by paragraph 2 of this article is suspended until the issue of restoration or correction or change of a civil status record is resolved.

5. If a person wishing to change his name is denied state registration of a name change, the head of the civil registry office is obliged to communicate the reason for the refusal in writing. Documents submitted simultaneously with the application for a name change must be returned.

6. The civil registry office is obliged to report the state registration of a name change to the territorial body of the federal executive body authorized to exercise control and supervision functions in the field of migration at the applicant’s place of residence within seven days from the date of state registration of the name change.

Article 61. Contents of the record of the act of change of name

The following information is entered into the record of the name change act:

- last name, first name, patronymic, date and place of birth, citizenship, nationality (entered at the request of the applicant), place of residence of the person before the name change;

- surname, first name, patronymic of the person after the name change;

- date and number of the birth certificate and the name of the civil registry office that carried out the state registration of the birth;

— series and number of the issued certificate of name change.

Article 62. Certificate of change of name

The certificate of name change contains the following information:

- surname, first name, patronymic (before and after their change), date and place of birth, citizenship, nationality (if indicated in the record of the act on the change of name) of the person who changed the name;

— date of preparation and record number of the act of change of name; place of state registration of the name change (name of the civil registry office that carried out the state registration of the name change);

— date of issue of the certificate of name change.

Article 63. Changes in civil registration records in connection with a change of name

1. Based on the record of the act of change of name, changes are made to the civil status records previously compiled in relation to the person who changed the name, and new certificates of state registration of civil status acts are issued, taking into account the changes made to the civil status records.

In the event that a change of name is made by the civil registry authority in relation to a citizen of the Russian Federation, a foreign citizen or a stateless person on the territory of the Russian Federation, changes in the civil registry compiled in relation to such persons by the competent authority of a foreign state in compliance with the legislation of the foreign state , are not included.

2. When parents change their name, the information about the parents in the record of the birth of a child under the age of majority is changed.

In the birth certificate of a child who has reached the age of majority, information about his parents is changed at the request of this person in the manner established by this Federal Law for making corrections and changes in civil status records.

3. When both parents change their surname and the father’s first name, the surname and patronymic of a child under the age of fourteen are changed in the record of his birth.

If one of the parents changes the surname, the surname of their child under the age of fourteen may be changed by agreement of the parents, and in the absence of agreement, by the direction of the guardianship and trusteeship authority.

A change in the surname and patronymic of a child who has reached the age of majority, in connection with a change of surname by his parents and a change of name by his father, is carried out in the manner established by this Federal Law for state registration of a change of name.

4. Based on the changes made to the record of the birth of a child under the age of majority, a new birth certificate is issued.

Thus, your son from 14 to 18 years old will be able to change his last name only with the consent of his parents or if the father refuses to give such consent, based on a court decision.

It’s better, of course, to decide such serious matters after 18 years.

Good luck to you.