Is it possible to change your last name after registering a marriage in a year?

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Published: 02/16/2018

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In accordance with Article 19 of the Civil Code, citizens of our country have the right to perform any significant actions exclusively under their own name, except in cases of using a pseudonym, regulated by Article No. 166 of the Criminal Procedure Code, and legal change of name.

• Allowed ways to change your last name
• Problems of spouses with different surnames
• What documents require replacement? Rules for filling out applications for change of documents

Let's look at the permitted ways to legally change your full name.

Reasons for changing the surname

Content

According to the law, a person has the right to change his last name, first name or patronymic at will. According to Art. 32 of the RF IC, marriage registration is not the basis for obtaining the surname of the spouse. Either party has the right to leave the data at its discretion.

Most often, the basis for changing a surname is:

• Marriage. Traditionally, wives take men's surnames, but this is not required. Husbands can also take the surnames of their women when registering a marriage or afterwards;
• Divorce. People can revert to premarital surnames;
• The desire to bear the surname of a stepfather or stepmother, both during adoption and without it;
• The desire to be with the parent’s last name, when the second one did not take part in the upbringing;
• If the previous surname is complex, dissonant for listening;
• Religious reasons.

Note! Adult citizens can change their last name at their discretion, regardless of the reasons. Children from 14 to 18 years old have the right to do this, but with the written permission of their parents and guardianship authorities. For a child under 14 years of age, actions are performed by a parent or other legal representative.

Double surname in marriage

The legislation also gives spouses the opportunity before the wedding not to change their surname completely, but to take a common one. In this case, the husband's surname becomes the second for the wife - and vice versa. In passports in this case, the double family name is written with a hyphen: “Ivanova-Petrova”, “Sidorova-Vasilieva” - and, accordingly, “Ivanov-Petrov”, “Sidorov-Vasiliev”. The procedure is not regulated at the federal level, but such rules can be established by local legislation of constituent entities (regions) of the Russian Federation.

However, there are cases where merging generic names is not possible:

• one of the spouses already had a double surname before marriage;
• if it is impossible to change according to local law at the place of registration of the marriage.

How to change your last name: step-by-step instructions

The procedure for changing a name by adult citizens requires the applicant to personally contact the registry office at the place of registration or actual residence.

Step by step order:

1. Prepare the documents, fill out the application and provide everything to the registry office employee.
2. Receive notification of document acceptance.
3. Pick up the certificate of change of surname after 30 calendar days.

Finally, you need to change the remaining documents:

• passport,
• SNILS,
• driver license,
• international passport,
• TIN.

Documentation

When contacting the registry office you must provide:

• a self-completed application;
• passport;
• certificate issued after birth;
• certificate of divorce, marriage;
• Disabled person's certificate (to receive state duty benefits);
• certificates for children under 18 years of age.

Legal advice: it is not necessary to provide a receipt for payment of the state duty, but you can bring it on your own initiative. The registry office employees control the transfer of payment for the service independently, but if there are errors in the database, you can avoid many problems by showing a receipt.

Sample application

The application is filled out according to Form No. 20, approved by Order of the Ministry of Justice dated October 1, 2018 No. 201.

The application shall indicate the following information:

• name of the registry office;
• Full name, telephone number of the applicant;
• request to change the surname from the old to the new;
• date, place of birth, details of the birth certificate, citizenship, nationality, passport details, registration address of the applicant;
• a note about marital status and information about the supporting document;
• information about minor children: full name, date of birth, birth certificate number;
• reasons for changing surname;
• a list of attached documents;
• request to amend the act.

At the end there is the date of compilation and the signature of the applicant.

Sample application for changing surname:

What is the problem?

The tradition of taking your husband's surname in Russia dates back to ancient times..

It was believed that when a woman got married, she joined the clan of her husband. Which means she had to have the same last name as him.

The tradition of changing surnames has survived to this day - in 2020, ladies are still actively changing from one to another . Some dreamed about it, others do it under pressure from relatives.

But more and more often there are now those who do not want to part with their surname, but at the same time enter into marriage. So what is better - change or leave?

Amount of state duty when changing surname

When changing your surname at your own request or for other reasons other than registering a marriage, a state fee of 1,600 rubles is charged. If you have a minor child, you will have to make changes to his birth record by paying an additional 350 rubles.

When registering a marriage

When getting married, you can save on the state fee for changing your surname: 350 rubles are paid. when submitting an application for marriage registration, where you indicate what data will remain after the wedding.

At the time of marriage, a certificate will be issued indicating information about you and your spouse. After receiving the document, you need to replace your passport within 1 month.

Deadlines for payment of state duty

According to clause 5.2 clause 1 art. 333.18 of the Tax Code of the Russian Federation, payment of the state duty is made before submitting documents. If you submit an application through an electronic service, you need to transfer money after sending, but before registering the document with the registry office.

The application will not be considered without the state fee paid.

Receipt validity period

Typically, the receipt is valid for 3 years, but there are nuances when changing data. If you paid the state fee, but changed your mind about changing your last name, the money will not be returned. If there are good reasons for failure to appear, the registry office employees will extend the period of change from 1 to 3 months. Therefore, the payment receipt must be presented within 3 months.

Sample and form of receipt

The receipt is issued according to the PD form established by the Letter of the Federal Tax Service dated September 10, 2001.

It contains information about:

• payer: full name;
• recipient: name, BCC, OKTMO, INN, account number;
• payment amount.

After paying the fee, you will be issued a tear-off portion with a receipt. Keep it for submission to the registry office if necessary.

Stay to yourself

Transforming a married woman from Kozlova into something more euphonious is not so bad: ladies often don’t want to part with a new beautiful surname even after a divorce. Here the story is the opposite: if all your life you were teased at school as a “goat,” it’s nice to finally feel like a human being. But if the opposite happened, many experience natural stress. Moreover: some complain of depression regardless of the euphony of the new surname. The very fact that she is different, from their point of view, somehow affects both self-perception and self-identity.

“In fact, everything is very simple: when getting married, you don’t have to change your last name. In addition, the law generally allows citizens to choose any given name and any surname, without giving reasons. One of the patients of our psychoneurological dispensary, by last name, replaced the speaking surname, which fully corresponded to his then diagnosis, with Durakov. The diagnosis has also changed. At first he just had epilepsy, and by the time he changed his name he developed epileptic dementia. Therefore, I think there is a correlation, and the theory of speaking surnames actually works. And not always for the better. Or, for example, there was a girl in our course with a very funny last name. And then she married one of our students and became Vagina, which, of course, caused terrible laughter. It was okay for him to be a Vagina, but for her to turn into a Vagina, not so much. People familiar with Latin terminology chuckled,” says Vladimir Fainzilberg, a psychiatrist-psychotherapist, associate professor at the Institute of Psychoanalysis, full member of the European and Russian Professional Psychotherapeutic League.

So you can save yourself from unnecessary stress by justifying your reluctance to part with your maiden name upon marriage with a variety of arguments - from euphony and adaptation (habit) to magical fabrications, when letters are given some kind of sacred meaning. For example, explain that the surname “Bogatova” is better than “Posudomoykina”.

“But I personally have come across more reasonable arguments more often. For example, women explain that this is not the first and not the last time they are getting married, and constantly changing their last name is not a good idea,” says the doctor.

What are the steps if you change your mind about changing your data after the wedding?

Sometimes it happens that a girl decides not to change her last name after registering her marriage due to various circumstances. Today there is no mechanism for changing information in the application submitted to the registry office. Therefore, it is necessary to take it away and write a new one.

If the marriage has been registered, the spouses are issued a corresponding certificate. Based on this document, the spouse’s passport is invalid.

She must replace it in accordance with the requirements of current legislation. The deadline for submitting an application to replace a document is 30 days. If a citizen does not have time to provide the required package of documents within this period, he will be issued a fine.

A new passport is made for the girl, where the new surname indicated on the paper provided by the registry office is entered. If you want to return your maiden name, you will need to contact the registry office again to write the appropriate application, having paid the fee first.

After reviewing the decision, a certificate of change of surname is issued, which must be submitted to re-obtain a passport.

How to change a child's last name?

Changing the data of minors has a number of nuances. The consent of the guardianship authorities will be required.

Let's consider the procedure in detail:

1. Contact the guardianship authorities for permission. Consent is usually given if the surname is changed for the benefit of the minor.
2. Provide parental consent in writing.
3. Submit documents to the registry office.
4. Obtain a certificate of name change.

State duty and documents

Changing a child's surname costs 1,600 rubles.

When applying to the registry office, the parent provides:

• statement;
• passport of a child over 14 years old;
• certificate of a minor;
• your passport;
• consent of a child over 10 years old to change his surname;
• consent of the second parent;
• permission from guardianship authorities;
• court decision to establish paternity or adoption (if changes occur on such grounds);
• a court decision to deprive the second parent of parental rights.

Is the other parent's consent required?

By law, both parents have the same rights to common children, and the written consent of the second, not participating in the submission of documents, is required.

There are exceptions when permission is not required:

• death or recognition of the mother or father as missing;
• deprivation of parental rights.

Consent is not required if the man's paternity has not been established. The main list of documents must be accompanied by evidence confirming the possibility of changing data without the permission of the second parent.

Is it possible to change your last name after registering a marriage in a year or several years?

Changing your surname to your husband's after marriage is not required by law.
The procedure for changing personal data is prescribed in the Federal Law “On Civil Status Acts” No. 143.

If a woman changes her last name immediately, on the day of her marriage, then the data is simply entered by the registry office.

You can also change your personal data after a year or several years.

True, in this case the procedure becomes somewhat more complicated. You will have to submit an official application to the registry office and wait for its consideration.

What documents should I change after changing my last name?

Changing your last name entails a mandatory change in a number of documents. Let's look at the features in detail.

Passport

The identity card is changed within 30 days after the last name is changed:

1. Submit an application for a new document, a certificate of change of name and an old passport to the Department of Internal Affairs of the Ministry of Internal Affairs in person or through “State Services”. When applying in person, the state fee is paid in advance, when using the electronic portal - after checking the application by the system before registering with the migration service.
2. Receive a new passport within 10 days.

The state duty for replacement will be 300 rubles. When paying through Gosuslugi - 210 rubles.

international passport

The international passport must be replaced after a change of full name. for adults and children.

It changes like this:

1. Submit an application, a certificate from the registry office, an old passport (if you have one), a military ID (for men under 27 years old) to the Department of Internal Affairs of the Ministry of Internal Affairs.
2. Come and get a new document.

The state fee depends on the type of passport and the age of the applicant:

By submitting documents through State Services, you can save 30% of the state fee. For adults, the payment for a biometric passport will be 3,500 rubles, for a child under 14 years old - 1,750 rubles.

SNILS

The green plastic card does not change when changing your last name, but you must notify about the changes within 30 days. Instead of a new plastic card, a notification will be issued electronically or on paper, depending on the method of application - through the Pension Fund website or in person at the branch.

What should be done:

1. Contact the Pension Fund branch in person or via the website.
2. Receive notification within 10 days.

In this case, no state duty is charged.

TIN

The identification number itself does not change, but the certificate needs to be reissued. The service is provided free of charge.

Procedure for replacing TIN:

1. Complete an application online through the official website of the Federal Tax Service or apply in person by presenting your passport, old Taxpayer Identification Number (TIN), and a certificate from the registry office.
2. Receive the finished document within 5 days.

You should contact the Federal Tax Service office at your place of residence.

Driver's license

Replacing a driver's license will cost 2,000 rubles, it must be changed.

It is more convenient to act through “State Services”, and the payment will be 1,400 rubles:

1. Submit your application electronically, select the traffic police department and the date of your visit to receive a new document.
2. Come to the unit, take a photo and get your driver's license.

When visiting in person, take your passport, old ID, and certificate of change of surname with you. A certificate of passing a medical examination is not needed - if personal data is changed, it is not provided.

Compulsory medical insurance policy

Notify the insurance company of the changes within 30 days of receiving the certificate.

Replacement is free:

1. Come to an appointment with the insurer or the MFC with your passport, certificate, SNILS and old policy. The application must be completed on site.
2. Get a temporary policy.
3. Get a new compulsory medical insurance policy. You will be notified of your readiness by phone; on average, it will be re-registered within 1-2 months.

How long does it take to process an application?

The speed of issuing a new document depends on whether the person applied to government agencies at his place of residence or in another city. In the first case, the period will be 10 days, in the second – up to 30 days. In some situations, the application may take longer to process. The period cannot exceed 2 months.

Sometimes the registry office does not accept a package of documents or refuses to change your last name. In this case, employees of the public service agency must provide a legal explanation for their decision. The applicant has the right to appeal it in court.

Throughout the entire period of consideration of the application, the woman retains the right to change her mind and withdraw the document. In this case, she will have the same last name and no additional actions will be required.

Lawyer's answers to questions about paying state duty for changing a surname

Is it possible to return the state fee?

According to paragraph 2 of Art. 333.40 of the Tax Code of the Russian Federation, the state duty is not refundable.

Are there any benefits for paying state fees for group 2 disabled people?

No. According to Art. 333.38 of the Tax Code of the Russian Federation, only adoptive parents can take advantage of benefits when making changes to the birth certificate records.

Is it possible to submit an application to change your surname and pay the state fee later?

It is possible, but until the fee is actually paid, the application will not be registered, and the registry office employees will not re-register the documents.

Is it possible to apply for a name change through State Services?

No, the service is provided upon personal application to the registry office or MFC.

How to change your last name through the MFC?

Changing data through the MFC is done in the same way as through the registry office.

Is it necessary to change the certificate of a minor child after a parent changes his last name?

No, it is not necessary to change your certificate. You can prove your relationship with a document confirming the change of surname by the parent.

Where can I get a receipt for paying the state duty?

The receipt can be generated through a special service of the registry office of your city, or you can also receive it in person at the institution.

How to change through the State Services portal

Often, refusal to change a surname after marriage is due to lack of time to replace documents. But today all operations can be completed online, through the State Services portal.

In order to be able to submit an online application, you must first register and create a personalized profile.

To do this, you need to enter all the data and receive a letter by mail with the key to your account.

On the website, you need to select the “Civil Registration Office” tab, then go to. Here you can fill out an application for obtaining new personal data on a general basis.

After the application has been verified, you must confirm your actions on the site by entering the code.

Next, scans of documents are uploaded to the site. And all that remains is to wait for the decision that will come by email.

Similarly to submitting an application to the Civil Registry Office, 30 days are allotted for consideration of the application through the State Services portal.

On what grounds is it possible to change personal information?

Taking the husband's surname after marriage is permitted if there are compelling reasons, which are indicated when writing the application. The very fact of marriage is already a basis for changing personal information. Another reason may be the desire to have the same surname with the child if he is registered under the father’s data.

Another situation is divorce. After the divorce procedure, a woman has the right to apply and return to her maiden name. The consent of the ex-husband is not required, and this can be done at any time after the divorce.