Each person has personal data - name, surname and patronymic. They are assigned at birth, with the issuance of a birth certificate. Usually, a person’s personal information changes upon marriage / divorce. And that is not always the case. But sometimes you have to change the data of the child. Most often it is a surname. For example, if the parents have different surnames or if they divorced.
What needs to be done to translate ideas into reality? Is it possible to do without the consent of the father in solving the task? What actions will the mother have to take? How to change the name of the child without the consent of the father? The answers to all these questions will be found below. In fact, everything is not as difficult as it might seem at first glance. Especially with proper preparation.
Legislation
Can I change the name of the child without the consent of the father? The Family Code of the Russian Federation indicates that parents can, by mutual agreement, change personal information about the child. Those who wish to do this will need permission from the guardianship authorities and mutual consent. It is important to consider the age of the child when deciding on a change in his personal data.
The legislation provides for the following features:
- If the child is not 10 years old, then parents need to give mutual consent to the operation. Additionally, support for custody is needed.
- In the case of a child of 10-14 years old, it is additionally necessary to obtain consent from the minor. If he is against, changing F.I.O. will not work.
- After receiving a passport with the support of parents or guardianship authorities, children can change their data themselves. In case the legal representatives are against, it is necessary to defend the right to change F. I. O. in court.
- After 18 years, a person can voluntarily change his last name and first name.
Is it really impossible to bring the idea to life if the father does not agree to the operation and we are talking about a minor? Often, different surnames of the mother and baby entail a number of troubles. Should I be afraid of this?
Illegitimate children
No. Indeed, in Russia it is possible to change the name of the child without the consent of the father without much difficulty. But in this case, the mother should receive a certificate from the guardianship authorities or a court decision.
It is also important to consider the specific life situation. Is the surname written down from the words of the baby's mother? Is a child born out of wedlock? The approval of the father for the correction of the personal data of the minor is not necessary. It is enough just to contact the guardianship authorities and the registry office with the appropriate statement. But in practice, most often problems arise in children born in a marriage. In particular, with the divorce of parents and the introduction of new marriages.
Is father consent required?
Can I change the name of the child without the consent of the father? Yes. And not only an illegitimate, but also a minor born in officially registered relationships. You will again need the permission of the “guardianship”.
Is it necessary to have father’s consent to carry out this procedure? No. In Russia, a number of cases are foreseen in which the opinion of the biological father will not be taken into account. When is this possible?
Legal grounds
In total there are several scenarios. How to change the name of the child without the consent of the father in Russia up to 14 years old? To do this, you need to have a legitimate reason to put your ideas into practice.
Under the law, paternal approval for the operation under study is not required if:
- dad was deprived of parental rights;
- it is impossible to clarify the opinion regarding the change of surname (for example, the place of residence of the pope is unknown);
- the person is recognized as legally incompetent;
- the legal representative of the child evades parental duties.
It should also be noted that if dad is not involved in raising a child, no one will ask his opinion in the field under study. But here the situation is ambiguous. After all, most often after a divorce, children remain with their mothers. Separate living is not an argument for changing the name. However, the mother of the child may apply to the guardianship authorities for an appropriate permit. As already mentioned, different surnames of the mother and the minor lead to some legal problems. Therefore, the permission of the father in this situation is not required.
Other circumstances
And this is not a complete list of cases in which a mother can independently change her child’s personal data. Among other situations, it is customary to distinguish:
- adoption;
- Mom marries another man and changes her last name;
- faith and religion;
- the child’s desire to change his last name, if he is from 10 to 14.
As already mentioned, paternal consent is not required in all these cases. But without fail you need to bring permission from the "guardianship".
Where to go
How to change the name of the child without the consent of the father? To do this, you will need to contact the guardianship authorities. It is necessary to come to the organization at the place of residence (registration) of the child.
After the mother receives a decision from the guardianship, you can go to the district registry office. There is an adjustment of personal information about citizens. If the guardianship did not allow changing the data, then appeals of the decision go to court and only after that - to the registry office.
Duration of consideration
How to change the name of the child without the consent of the father in Russia? Step-by-step instructions will be presented below. First you need to understand how much time this procedure takes.
Consideration of the relevant request by the guardianship authorities is carried out throughout the month. During this period, the applicant will receive a response to the request for a change in the name of the child. The same amount usually goes to litigation if the answer is unsatisfactory.
In the registry office, a birth certificate is issued approximately 5-10 days after applying for permission from the guardianship authorities. In some cases, the waiting period for a document is extended. But this happens extremely rarely.
Documents
The woman says: "I want to change the name of the child without the consent of the father!". Then she will have to prepare for this procedure. The first step will be to collect the necessary documents and contact the guardianship authorities.
The applicant must bring to this organization:
- your passport;
- a statement detailing the reason for the procedure;
- birth certificate;
- written consent of the child to adjust the data;
- divorce / marriage certificate (if any);
- certificate of place of registration;
- proof of residence of the minor with the mother;
- evidence of legal grounds for changing the name.
This will be enough. As a rule, a lot depends on the correctness of the submitted application. The more reasoned and logical it is, the higher the chances of success. It is not difficult to change the name of a minor child without the consent of the father after the approval of the guardianship authorities!
What is written in the statement
In order to draw up an application to the guardianship authorities, it is necessary to follow all generally accepted business correspondence rules. The request is made out just like any other document.
How to change the name of the child without the consent of the father? For this, the following information should be indicated in the application addressed to the guardianship and trusteeship authorities:
- data on the mother (F. I. O., date of birth, place of residence);
- information about the child;
- details of identity documents (children and applicant);
- new surname of the child;
- grounds for adjusting the data of the minor.
The last paragraph should preferably have documentary evidence. The more literate a mother approaches writing a statement, the higher the chances of success.
The applicant (most often the mother) is often required to:
- adoption documents;
- court decisions (for alimony, for example);
- bank statements indicating father's evasion of maintenance obligations;
- writ of execution.
It is recommended that all papers be applied along with their copies. It is not necessary to certify photocopies at the notary public.
We go to the registry office
So, "custody" gave consent. What actions will be required next? How to change the name of the child without the consent of the father? At 14 years old or earlier - this is not so important. The main thing is that custody has already allowed this operation. Now it remains only to obtain new documents for the child.
To do this, you will need to contact the registry office at the place of registration of the child. Mom should bring with her to the registration authority:
- application for adjustments to the birth certificate;
- passport;
- identity card of the minor (if he has already received a personal passport);
- birth certificate;
- receipt of payment of state duty;
- consent from guardianship to change the name without the consent of the father.
You may also need:
- Marriage certificate;
- documents on adoption.
It is recommended to bring documents with copies. The fee for entering new information in the birth certificate must be paid in advance. It is advisable to do this before applying to the registry office.
Now it remains only to wait. After a certain time, you can return with an identity card to the registry office and receive new birth documents. In the case of a child over the age of 14, you will need to additionally contact the passport office and change your passport. In this situation, the registry office will issue a document indicating the inclusion of a new name in the birth certificate. Otherwise, the procedure for replacing a passport is no different from the usual exchange of a document.
Step-by-step instruction
How to change a child's last name and patronymic without the consent of the father? It is already approximately clear how to act in a particular case. But step-by-step instructions will help you stick to a specific plan.
The procedure for changing the last name (or any other data of a personal type baby) looks like this:
- Collect documents indicating the presence of legal grounds for the operation.
- Write an application to change the name of the minor.
- Contact the custody authorities by registration with a written request. A pre-prepared package of papers must be attached to it.
- Wait for permission from the relevant government agency. Obtain written approval from the guardianship for the operation.
- Collect a new package of papers (its complete list was presented to the attention above). Report to him from guardianship and trusteeship.
- Draw up an application for amendments to the documents for the child, addressed to the registry office.
- Pay the state fee for the operation under study.
- Submit an application to the registry office. Attach a package of documents and receipts indicating payment of state duty to it.
- Pick up a birth certificate from the registry office after a specified period, which will be reported to you at the institution.
- If necessary, contact the passport office at registration and change the passport for the teenager.
Not so difficult as it seems at first glance. Young children cannot change their first name and surname even with their personal desire. But after 14 years, they have a similar right. If the parents are against, then adolescents can defend their decision in court.
Arbitrage practice
Thinking about how to change the name of the child without the consent of the father in Russia (under 14 years old), sometimes people come to court. In practice, in the Russian Federation, most often, the guardianship authorities and the court support the mother of the minor (or the parent with whom the minor lives). Thus, the resolution of the father in matters related to the change of surname does not play a decisive role.
The main argument for the court is that different surnames of the mother and the minor, as has been repeatedly emphasized, lead to a number of problems. Therefore, often the approval of the biological pope in reality is purely formal. The father’s consent to change the name simply facilitates the study of the operation.
findings
From now on, it is clear how to change the name of the child without the consent of the father (up to 14 years old). This procedure with a certain preparation will not cause much trouble. In practice, the court and guardianship bodies most often advocate that mothers and minors have the same surname.
As already mentioned, paternal approval is often a formality. All the rules apply in the reverse order, provided that the children constantly live with dad. In any case, the proposed step-by-step instructions will help to realize the idea. The main thing to remember is that any decision (even a judicial one) can be re-challenged in a higher court. This is a normal, albeit rather rare occurrence. Emancipated children themselves deal with the issue of changing data.