Changing the personal data of a minor is a process that citizens sometimes have to resort to. Fortunately, such a procedure is not needed so often. Nevertheless, it must be remembered in any circumstances, especially women. The article will talk about how to change the name of the child without the consent of the father. Does mother have such a right? And if so, how do you have to act in this case?
Is law a myth or reality?
Under certain conditions, changing the personal data of a minor takes place without much difficulty. For example, when both parents are ready for such a step. But sometimes there are disagreements. And real life is such that it is problematic to take into account all its features.
Is it possible to change the name of the child? This operation is not prohibited by law. Therefore, parents, if desired, have the right to change the name, surname and even middle name of the baby. As already mentioned, if both parents agree to such a step, the operation is carried out without much difficulty. But what if the father is against? Can a mother do without his consent?
Is consent necessary or not?
Answering this question is harder than it sounds. The idea of changing the name of the child usually comes to parents after a divorce. In particular, if the mother takes herself a maiden name or gets married again. In Russia, different surnames for a mother and a minor can lead to a number of problems. Because of them, there is a need to change personal data.
So, we will find out whether it is possible to change the name of the child. Yes, the parents have such a right. Moreover, a child at a certain age himself can change personal data. But what if the baby’s father is against the procedure?
It should be noted that the consent of the legal pope to replace the surname is not always required. Therefore, the mother is able to bring the idea to life on her own.
Main cases
It is possible to change the name of the child without the consent of the father by law, but only under certain circumstances. Not always the mother succeeds in achieving the desired result, but there is such a chance. At least one of the existing legal grounds for the implementation of the task is sufficient.
The father’s consent to change the surname of the minor is not required under the following conditions:
- he does not have parental rights;
- he was recognized incompetent;
- to find out the attitude to the change of personal data of the child is impossible.
It should be noted that non-fulfillment of parental duties also gives the mother of the child freedom in the mentioned area. If we are talking about an illegitimate child and the surname was originally assigned from the words of the mother, the father of the baby, in principle, does not participate in the process of changing the data of the child.
Other circumstances
The situations listed above are not exclusive. Just change the name, like the rest of the personal data of the child, it is impossible. Only in the presence of certain circumstances can citizens turn to the registration authority for help.
In addition to the above situations, it is possible to change the name of the child before receiving a passport in the following cases:
- adoption;
- religious beliefs;
- the child’s desire to change his name;
- re-marriage of the mother / father of the child;
- termination of parental rights of both legal representatives.
Another nuance that will have to be considered is the consent of the minor himself to carry out the procedure. The Family Code of the Russian Federation indicates that a change in the passport data of a minor takes into account the views of the child himself who has reached the age of 10 years.
Where to go
Despite all the difficulties, it is quite possible to achieve a positive result. Judicial practice demonstrates that when a child lives after the parents divorce, together with the mother, the consent of the biological father to change the name is not required.
Where to apply with the corresponding request? To date, a decision to change the surname of a minor is made on the basis of a permit received from guardianship authorities.
You must contact the authority at the place of residence of the child. If the minor himself decides to change his personal data, he will have to go to court additionally. But this is only required when the parents are against the operation.
Procedure
How to change the name of the child? In general, such a procedure is reduced to the following actions:
- Collect a specific package of documents. It directly depends on the circumstances under which the data is changed.
- Write an application to change the name.
- Submit an application with documents to the guardianship authority.
- Get permission.
- Pay the state fee for making adjustments to the birth certificate of a child.
- Go to the registry office with permission from the guardianship authorities and the necessary papers (more about them later) in order to receive a new birth certificate.
As you can see, the mother can independently change the personal data of the child, but only with the right preparation. Often change the name of the baby, if his father is against, fails. But there are exceptions.
Documents for custody
What documents do the guardianship authorities require to change their last name? It all depends on the circumstances in which the procedure is carried out.
Most often, the mother is required to:
- passport;
- statement of the established form;
- baby's birth certificate (with copy);
- certificate of divorce (marriage), if any.
This is usually enough. Additionally, mothers may be required to:
- documents-grounds for the operation (court decision for example);
- certificates of adoption.
Special attention should be paid to such paper as an application for a change of last name. The thing is that the decision of the guardianship authorities to conduct the operation often depends on this document.
About statement
Now let's talk about how to change the name of the child after the divorce. Without the consent of the father, the mother can draw up a statement to the guardianship authorities in order to obtain the appropriate permission.
As already mentioned, special attention must be paid to the application for changing the name of the minor. This document is drawn up according to the general rules of conducting business correspondence. There is nothing difficult or special about this.
It is important to describe in detail the situation in which you need to change the name of the child without the consent of the father. The more reasoned is the position of the mother of the minor, the greater the likelihood that the guardianship authority will make a positive decision. Of course, evidence of their position also needs to be attached.
After divorce
As soon as the guardianship authorities consider the request of a citizen to change the personal information of the child, it will be possible to move on. Change the name of the child without the consent of the father, but if there is a certificate from the guardianship authorities it will not be difficult.
So, the legal representatives divorced, the minor lives with his mother. The second parent does not consent to a change of family name upon divorce. But this does not mean that the idea cannot be realized.
How to change the name of the child after a divorce? The procedure will be exactly the same as previously suggested. But the list of documents will be supplemented:
- documents indicating the residence of the child with the mother;
- a divorce court decision;
- any evidence of evasion of alimony (if any).
Consent from the "guardianship" received? Then the operation will not cause problems! You can go to the registry office and get a new birth certificate!
Actions in the registry office
We found out that it is possible to change the name of the child without the permission of the father, but for this you need to enlist the support of the guardianship authorities. As soon as the mother is in the hands of permission from this service, you can go with him to the registry office at the place of registration of the minor.
Mom needs to bring some documents with her. A complete list of them will depend on the circumstances, but most often required:
- passport;
- permission from guardianship authorities;
- application for a change of last name;
- birth certificate of a child.
That's all. After that, you can pay the state fee for the operation (a check must be shown in the registry office) and wait for a new birth certificate.
New marriage
But what if the mother remarried? How to change the name of the child in this case? It is best to enlist the support of the former spouse and contact the guardianship authorities together. If this does not happen, then you have to act on your own.
Your actions will depend on how events unfold. The first case - the step-father does not adopt a child. Then you need to contact the "guardianship" with a statement to change the surname of a child after the mother receives a passport with a new surname. Otherwise, you need to act in the same way as mentioned earlier. Changing the data of a child is made on the basis of permission from the guardianship authorities.
The second case is the adoption of a minor. In such a situation, the biological father renounces parental rights. And his permission is not needed. It is enough to come to the registry office with the following papers:
- statement;
- passports of parents (mother and stepfather);
- adoption documents;
- receipt of payment of state duty for making adjustments to the personal data of a minor;
- birth certificate of a child.
Now you know how to change the name of the child in a particular case. In fact, the procedure is not as difficult as it might seem at first glance.
Waiting time
How long to wait for a response from guardianship authorities when submitting a request? An application to change the last name of a minor is processed within one month from the date of filing.
This means that after the mother’s appeal, no more than a month should pass before the guardianship authorities give permission to change the personal data of the child.
In the registry office, a birth certificate will be changed approximately 5 - 10 days. Sometimes the period may increase. It depends on the load on the registering authority.
Statement content
You can change the name of the child without adoption. But, as has been repeatedly emphasized, if the biological father of the baby does not agree with such a decision, it will be necessary to seek justice through the guardianship authorities.
In the application for a change of surname, they write without fail:
- applicant's place of residence;
- date of birth of the person making the request;
- Applicant's full name;
- date of birth and citizenship of the parent who applies to the guardianship authority;
- data about the child;
- marital status of the applicant;
- new information about the minor;
- the grounds for changing the name of the baby.
It is the last item that will have to be given special attention. It is advisable to have evidence of one or another reason for changing the name without the permission of the father.
If refused
Can an ex-wife change her surname? Yes. Especially if the minor lives with her on a permanent basis. Different surnames for mother and child lead to some legal problems.
Sometimes it happens that the guardianship authorities do not allow the mother / father to change the personal data of the minor. What to do in this case?
The decision taken by the guardianship can be appealed in court. Especially if the parent has reason to change the data of the child unilaterally, without the consent of the second biological parent. In this case, the documents attached to the claim will be exactly the same as in the case of appeal to the guardianship authorities. The only difference is that the mother of the child applies the waiver of custody to the statement of claim.
Summary and Conclusions
We examined how to change the name of the child without the consent of the father. Of course, it is worth considering everything in advance to anticipate possible difficulties. Indeed, in practice, everything usually does not work out as smoothly as we expect.
In particular, the problem is complicated by the fact that the Family Code in most cases requires permission from both parents to change the personal data of the child. And the guardianship authorities do not always take the side of the mother, who changed her last name. But this does not mean that a fair solution is impossible. The mother is able to file a lawsuit against the guardianship authorities in order to appeal their decision.
When emancipating, a minor does not need permission from parents to change personal data, or approval of guardianship authorities, or a court decision. Emancipation is available from 16 years.
After receiving a passport, children themselves can change their personal data by a court decision, the permission of the guardianship authorities or after the approval of both parents. The procedure will be exactly the same as described previously.