How to change a child’s last name after a divorce through the registry office or through the court

Traditionally, the surname, like the child’s name, is given at birth. When the spouses are married and have the same last name, it is also written down for the child; if there is only one parent, then options are possible, but in any case, the child is given the last name of one of the parents on the birth certificate. However, a situation rarely arises when it is necessary to change a child’s surname before reaching adulthood, for example, after a parent’s divorce. It is worth knowing that such a process is fully regulated by Russian legislation and its implementation requires compelling reasons, as well as permission from the guardianship authorities.

Reasons for changing a child's surname after a divorce

Any Russian citizen who is 14 years old can change his first and last name. If the child is under 14 years old, both parents should submit a petition to the guardianship and trusteeship authority (CCA). It will be possible to change the name after obtaining permission from the Public Promotion Office. If the child is over 10 years old, changing the name without his consent is prohibited by law.

For what reasons do children change their last names?

The desire of a child to bear the surname of the one who is raising him (uncle, aunt, grandmother, stepfather, etc.).
The desire of a child to bear the surname of a particular parent. The standard situation is that a husband leaves his wife with a small child and disappears. When a child grows up, he wants nothing to do with the father who abandoned him.
The surname sounds unpleasant or is difficult to pronounce.
Religious Beliefs.
The surname does not correspond to the traditions of a particular nationality.

The application for a change of surname must indicate the reason for such a decision.

Is it possible to change the middle name of a child under 14 years old?

In what cases does the mother of a child want to change his middle name?

For example, if she remarried and wants to give the child a middle name formed on behalf of her husband. When the father is not indicated on the birth certificate, or the middle name is written down according to the mother. There are also situations when the biological father is deprived of parental rights, and the mother does not want the child to bear a middle name that reminds him of him.

In all these cases, the patronymic can only be changed if the child is adopted by the mother’s new husband.

Who can initiate a change of a child’s surname?

The initiative to change the surname for a child can come from different parties. If everything is done according to the law, the procedure will not take much time.

Possible initiators of changing the child’s surname:

One of the parents. Usually a change of surname occurs after it becomes clear that the child will live with one of the parents.
Both parents. If the child is under 14 years old, you should contact the OPP.
The child himself. If the child is over 14 years old, he or she must independently submit an application to the registry office. Permission from the PPP is not required; only written consent from the parents is required.
Adoptive parents. First, the application is submitted to the OPP, and then to the registry office.

Legislative regulation

Some issues related to changing a surname are regulated by the provisions of the Family Code of the Russian Federation. In particular, in Art. 59 of this document lists the following main options for carrying out this procedure:

at the initiative and consent of both parties;
with the consent of only the mother or father;
on the initiative of the child himself.

Another legislative act that also contains information regarding changing a surname for children is the Federal Law “On Acts of Civil Status”. In particular, Art. 58 of this law.

The procedure for changing a child’s surname after a divorce through the court

The situation becomes complicated if the other parent does not agree to change the child's last name. In this case, the court is guided by the interests of the child himself. The corresponding appeal should be submitted to the district court at the place of residence.

Grounds for going to court:

the second spouse is against;
The guardianship and trusteeship authority refused.

The procedure for changing a surname in court when the second parent does not agree:

Submitting an application to a guardianship institution. The application provides reasons why the surname should be changed. It will be an advantage if you provide evidence that the other parent does not want to raise the child. Even screenshots of correspondence on social networks are allowed.
If the OPP refuses, legal proceedings are initiated. You can initiate legal proceedings within 3 months from the date of receipt of the refusal from the PPP.
If the court makes a positive decision, PPP employees, in accordance with current legislation, must allow a change of surname. It is necessary to take the initial package of documents and the court decision, and then go to the OPP.
Changing personal data at the registry office. The registry office employees must make adjustments within 1 month.

When the permission of the second parent to change the surname is not required

Sometimes the consent of the second parent to change the child’s surname is not necessary. In such a situation, the procedure will be easier.

When the other parent's consent is not required:

The second parent hides his income and does not pay child support. The proof will be a corresponding certificate from the bailiff service.
The second parent does not communicate with the child. The fact is difficult to prove, but the testimony of neighbors or teachers can lead to the desired results.
The whereabouts of the second parent are unknown. You will need a police certificate stating that the second parent does not live at his place of registration and is wanted.
The other parent is considered incompetent. Medical documents are attached.
The second parent was deprived of parental rights. The corresponding court decision is presented.

How to change your last name if your father doesn't agree

If the father’s consent cannot be avoided, but he refuses to give it, the mother has a small chance to change the situation. What can she do?

Try to peacefully obtain the father's consent. If the parents divorced amid scandal, the child’s father may not give consent in order to annoy his ex-wife. She may try to appeal to rational arguments, for example, to explain that changing the child’s surname is necessary solely for his convenience, to avoid bureaucratic problems.
Provide evidence that the child’s father does not communicate with him and does not take part in his upbringing. As evidence, you can provide a certificate of alimony arrears, testimony of neighbors and relatives.
Deprive your ex-spouse of parental rights. This is quite difficult to do, since such a court decision must be seriously justified.

The situation is much simpler when the child was born in an unregistered marriage, and the “father” column is not filled in. In this case, the mother can change the child’s surname to the one that she herself currently has.

What documents are needed to change a child’s surname?

Collecting the documents necessary to change your last name is not associated with bureaucratic difficulties. We are talking about a standard set that can be assembled in a few days.

What documents are needed to change a child’s last name:

consent of the second parent;
application to the OPP;
application to the registry office;
receipt of payment of state duty.

If the child is over 10 years old, the following may be required:

a statement from the child himself;
parents' divorce certificate or marriage certificate;
a document that confirms paternity (a court decision recognizing the paternity of a person who did not marry the child’s mother);
certificate of family composition (can be obtained through the State Services portal).
a certificate of absence of alimony arrears (not always required, but if the need arises, you can obtain such a certificate from the relevant bailiff).

Sample application from a parent to the OPP:

Sample of a child’s independent application to the registry office:

Conditions for the procedure

The requirements that must be met to change a child’s surname directly depend on his age. In particular, the following two situations can be considered:

The child has not reached the age of 14 years

In this case, the decisive opinion will be the opinion of the parents, however, he himself may also be asked about his desire to change his surname.

Moreover, if he is already 10 years old, then his opinion must be taken into account.

There are also two options here:

both parents want to change their surname;
The initiator is only one of the parties.

The easiest and fastest option would be the first, since the presence of consent from the father and mother is the main condition for the legality of the procedure. They only need to prepare the necessary documents and submit them to the appropriate authority.

A more complicated option would be when only one party wants to change their surname. Most often, this is the parent with whom the child remains to live after the divorce. And as practice shows, in most cases it is the mother who, after a divorce, returns her maiden name.

Obviously, this desire is quite logical for her, since in this case she will not have to prove to various authorities that she is really the mother of her child.

In addition, she may remarry, after which it often becomes necessary to change the surname of her son or daughter to the same as that of her new husband. However, a woman can do this without the consent of her legal father only under the following conditions:

the second parent is officially deprived of his rights to the child;
the father has been declared incompetent, for which there is a corresponding court decision;
the former spouse evades his obligations to raise the child and provide assistance to him (that is, does not pay alimony);
the father does not live with the child and his whereabouts are generally unknown;
there was no official marriage between the parties, and the surname was simply written down according to the mother’s words.

In this case, the woman must prepare documents confirming the existence of the above grounds and provide them along with the main package of papers. These actions will be enough to change the baby’s surname unilaterally.

It is worth considering that the mere fact of divorce and the father living separately from his son or daughter is not a sufficient basis for not taking into account his opinion regarding the surname.

Therefore, if he does not agree, the mother’s issue will have to be resolved only in court.

The child has reached the age of 14 years

In this case, he has the right to decide on what surname to wear on his own.
Without his consent to this, the procedure cannot be carried out. However, he will also need parental consent or a corresponding court order. It is worth considering that if he acquires full civil capacity before reaching 18 years of age (gets married or starts officially working), he will receive all the rights of an adult. In particular, he will be able to apply for a change of his surname himself; his parents’ consent will not be required for this. After 18 years of age, the situation is the same - a person has the right to decide which surname to bear on his own.

What documents need to be changed after changing the child’s last name?

As soon as the last name changes, confusion arises with the documents. This issue should be addressed immediately after the procedure described.

What documents must be replaced after a last name change:

Passport if the child is 14 years old.
Corrections are also made to the parents’ passport (section “Information about the child”).
Property documents (cars, shares in apartments, etc.).
For a capable child from 16 to 18 years of age, changes are made to the work book, to the information of the Unified State Register of Individual Entrepreneurs, and the Unified State Register of Legal Entities (if the child is engaged in business).
Changes are made to the documentation of kindergartens, clubs, courses, schools, technical schools, and universities.
Any banking services provided to the child in his name.

If the child is over 16 years old and works under an employment contract, he will be able to change his last name independently. Under 16 years of age, you can also change your last name without the consent of the other parent. The procedure is carried out in registry offices and courts, which depends on the specific circumstances. Changing your last name can take up to 60 days. If everything is done in accordance with current legislation, there will be no difficulties when changing your last name.

Is it possible to change the middle name of a minor?

With a change of patronymic, things are more complicated. Before the children reach the age of 14, this cannot be done, even in cases where the father has given notarized consent. An exception is allowed only if the person has changed his name.

Starting from the age of 14, a minor can change any personal information: not only last name or first name, but also patronymic. The issue is regulated by the first part of Article 58 of Federal Law No. 143-F3.

After changing your personal data, you must remember to notify the clinic, school, kindergarten, clubs, sections and other institutions. Automated transmission of such information is not provided.

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.

Some strategic nuances

To speed up the process of judicial consideration of the issue, it is recommended to involve an experienced lawyer in resolving it. Usually the strategy is structured in such a way as to convince the judge to grant the claims. The following arguments can be used:

the claim to change the surname is justified by the inconvenience that arises due to different surnames of the mother and child. The plaintiff is forced to constantly prove her relationship with the baby by providing his Birth Certificate and her passport;
different surnames of the mother and child can provoke difficulties in the future when the latter enters into an inheritance;
any legal actions related in any way to the child require the participation of the other parent, which is not always convenient. For example, in order to register a child’s place of residence, it is necessary to attach to the standard package of documents permission to carry out this action, issued by his father (mother). If the ex-spouse lives nearby and there is a connection with him, this will not cause problems. Otherwise, it will be quite difficult to resolve this situation.

After receiving a satisfactory decision in court, the document should be submitted to the registry office, whose employees will make appropriate changes to the baby’s Birth Certificate. On average, the procedure for issuing a new Certificate takes no more than a month.

Contacting the Civil Registry Office through State Services

Not long ago, an electronic portal for the provision of state and municipal services began to operate in the Russian Federation, on the basis of which personal requests to institutions have become simply unnecessary. Changing a child's surname is one of these situations; the applicant can order a new certificate without leaving home and request an entry in the civil status acts. To do this, you need to perform several sequential steps:

In the search bar of your browser, follow the link gosuslugi.ru. After the system boots, the main window will open, where you can see the portal interface and, if necessary, register. If you already have an account and it is confirmed, you can immediately log into your personal account.
After downloading, the system will direct you to a page for personal login, where you will need to indicate SNILS or phone number as logins. There will also be a password field in which you must enter data. The password recovery option is available on the same page. Finally, click on the blue “Login” button.
If everything is entered correctly, a new page with an activated personal account will load. When an error is made in personal information, the portal will not skip further and will prompt you to enter it again. After a while, the main page will open with a search field glowing white on a blue background. It is located at the top. We enter what we need, that is, the name.
We select a service with the name: “State registration of a change of name of a minor.” A page will open on which the floating “Get service” button will be lit. Please note that you cannot submit documents through the portal itself to change the child’s last name without the consent of the father; you will be taken to a third-party page – the Civil Registry Office website.
The displayed form for personal data will need to be filled out; in general, it is identical to the application that the applicant would submit in person at the registry office. After this, you need to pay for the service and check the notifications in your personal account, which will reflect the time and date of the meeting with employees.

Attention
The possibility of providing the service of changing a surname to children without the consent of the father in electronic format is not available in every region; therefore, it is necessary to check the equipment of a particular region in advance. To do this, it will be enough to enter the name of the service in the search bar; if the description only indicates the possibility of personally submitting documents, then it will be impossible to do this electronically.