How can a child change his last name without the consent of his father? Many people ask a similar question. This topic becomes a huge problem after the dissolution of the marriage. Different surnames for parents and a child cause a lot of trouble. Have to constantly prove and confirm the fact of kinship with a minor. To get rid of the corresponding troubles, you can change the name of the children. But how to cope with this task? What are the scenarios? We will try to analyze this question. With the right approach to solving the problem, you can bring the idea to life without much difficulty.
The main reasons for adjustments
Is it possible to change the name of the child without the consent of the father? The answer is not as simple as it seems.
For what reasons in Russia may require the adjustment of personal information of minors? The surname is changed if:
- I want to give the child the name of another parent;
- I want to become the namesake of my stepfather or stepmother;
- it is pronounced with difficulty or sounds ugly;
- this is due to religious considerations;
- passed the adoption process;
- she does not comply with national traditions.
In addition, often the surname is adjusted after the formal termination of the marriage between parents. Especially if a woman decides to regain girlish data.
Fundamental rules
The reasons for changing the name may be different. This can be done without significant hitches, if you prepare for the operation in advance.
Here are some points to remember when deciding to change personal data:
- The child can independently carry out the procedure. Only at first he will have to grow up to the age of fourteen, and then get the "good" from legal representatives. In our case, this is mom and dad.
- When changing the surname or name of the minor, the consent of the mother and father of the child is required. Only occasionally the approval of the second legal representative is not necessary.
- If the child whose data they want to change is already more than ten years old, you will need to obtain his consent to the adjustment of personal data.
As practice shows, many people think about whether it is possible to change the name of the child without the consent of the father. In fact yes. But it is worth considering that the corresponding right does not always take place.
When you do not need permission
Changing the last name of the child without the consent of the father is an operation that is not so rare in real life. The main thing is to act according to the law and adhere to a certain algorithm of actions.
To make adjustments to the F. I. O. baby without the consent of the biological dad, you need to prove good reason. These include:
- debt on child support;
- recognition of father incompetent;
- adoption of a child;
- evasion of a citizen from the fulfillment of parental obligations;
- the impossibility of establishing the biological father's place of residence;
- depriving a father of parental rights;
- denial of paternity regarding a minor;
- the appearance of the child outside the registered relationship.
The last scenario is a minimum of trouble. The operation to change the name of the child is quick, without any questions and problems. Therefore, we first consider more difficult situations.
Location unknown
How can a child change his last name without the consent of his father? For example, it is possible if the dad’s place of residence is unknown. The corresponding norm is spelled out in article 59 (part 2) of the RF IC.
Is the father of the minor wanted? Lives in another country? Doesn't live at the place of registration? Missing? All this is the basis for making adjustments without paternal permission.
In this case, the guardianship authorities clearly distinguish between such concepts as "the impossibility of determining the place of residence" and "unwillingness to search for the former spouse." Accordingly, it will be necessary to prove its position.
Alimony and debt
How can a child change his last name without the consent of his father? Another reason is the evasion of the content of descendants. The presence of debt on them also allows you to ignore the opinion of the pope when changing the name of the child.
According to the RF IC, a parent with whom children do not live on a permanent basis is obliged to pay child support. Avoiding this obligation even permits removal from being a parent.
It is advisable that child support be ordered in court, and that they be recovered through the bailiffs. Then no problems with the implementation of ideas.
For what period should there be a delay in order for a child to change his last name without the consent of his father? The legislation of the Russian Federation has no instructions on this subject. Therefore, it is recommended to refer to Article 5.35 of the Code of Administrative Offenses. It is indicated here that evasion of alimony is a period of more than 2 months after the opening of the paperwork.
Does not raise
Changing the name and patronymic of a child without the permission of the biological father can be carried out if the citizen does not participate in the life and upbringing of the minor. Such acts may also entail the termination of parental authority.
When the bio-dad does not communicate with the child, does not participate in his life, refuses to bring up and maintain, permission to correct these descendants is not required. It will simply be ignored by the guardianship authorities.
Important: to prove the fact of non-participation in the child’s life can not only certain materials, but also living witnesses. It is better if they are disinterested persons.
Deprivation of parental rights
How can a child change his last name without the consent of his father? There will be no particular trouble with the situation in which the father was suspended from the fulfillment of the obligations of the parent.
By law, such a decision does not exempt from the material support of the kids, but takes away all rights from him. In fact, dad will only allocate finances for the child.
The previously mentioned operation is carried out only through the court. There must be good reason for applying this “punishment”.
These include:
- non-participation in the life of the child;
- evasion of alimony;
- commission of a crime against the mother of a child or minor;
- abuse of parental authority;
- the presence of a citizen of one or another dependency;
- recognition of the father as legally incompetent or mentally ill.
As practice shows, to deprive the parental rights of the father of the alimony is not so difficult. Especially if a person does not hide his unwillingness to support a minor.
Parent disability
Changing the name of the child without the consent of the father is possible if this parent is recognized as legally incompetent. As a rule, the basis for such a decision is a court order. It is made on the basis of the evidence presented inability of the “defendant” to be responsible for his actions.
As a rule, mental disorders are the main reason for the recognition of incapacity. They are not difficult to establish with a medical examination.
Important: partial incapacity allows dad to express his opinion on the issue being studied. Ignoring the corresponding position is prohibited.
Children out of wedlock
How to change the name of the child without the consent of the father? As already mentioned, the simplest scenario is the birth of a minor out of wedlock. In particular, if paternity has not been established.
If in the column "Father" in the birth certificate of a minor there is a dash, the mother of the child alone bears the burden of responsibility for the children. A father who is not recorded in the birth certificate cannot, by law, prohibit the change of the name, surname and patronymic of his children. First you have to confirm paternity. For example, through the court.
Deny kinship
Sometimes citizens who do not want to pay child support are referred to the court to refute paternity. This can be done by the mother of minors.
As soon as the court refutes the relationship between a child and a man, the “father” will lose all parental rights. From this moment, only their mother will make all decisions regarding children.
Important: usually a DNA test is performed to establish and deny kinship. This is the easiest way to solve the problem.
Adopted Adoption
Another case in which you do not need to ask permission to make adjustments to the F.I.O. of babies is the adoption procedure. For example, the new husband of a woman.
In such circumstances, the conscientious father of the children gives his consent to adoption, after which his parental rights are abolished. The responsibility for minors passes to the stepfather or stepmother.
An adopted child, with the consent of the mother and stepfather or father and stepmother, may receive a new surname and patronymic. This is a fairly simple operation, especially if the father has already agreed to renounce his obligations.
Corrections and termination of marriage
How to change the name of the child after a divorce? You will need to go to "custody", and then to the court to obtain appropriate permission. It is advisable to discuss this moment with the former soulmate. In our case, with a spouse. If he does not agree, a positive answer can be obtained through the court (if there are grounds).
In general, the algorithm of actions for adjusting the name of the child after the divorce looks like this:
- Generate a specific statement package. It is presented below.
- Get consent for the adjustment of the name of the baby from his biological father. You can go to court and get a resolution with permission.
- Contact your local guardianship authority with a request to change your child information.
- Get a response from the "guardianship" in your hands. If necessary, you will have to go to court after this, especially if the father does not agree with the decision.
- Contact the registry office with a list of references for making adjustments.
In fact, everything is not so difficult. At this stage, all the manipulations end.
Important: the data of the adopted child is easier to change. It is enough to apply with a certain package of extracts and the consent of the adoptive parents to “custody”, and then to the registry office.
Documents for the operation
How to apply for a name change? To do this, you need to prepare some help packages. Their absence makes the studied procedure impossible.
Among the documents for changing the name of the child are:
- birth certificate;
- a document approving the act on behalf of the parent / adoptive parent (or certificates confirming the existence of grounds for independent conduct of the operation);
- an act of "custody" with permission;
- statements of adoption (if any);
- certificates of divorce and marriage;
- statement of family composition;
- passport of the applicant parent;
- statement with consent to the operation written by a child aged 10 years or older;
- court decisions (on recognition as dead, missing, wanted, deprived of parental rights, incompetent);
- death records;
- certificates of cancellation of paternity.
In order for the registry office to issue a certificate with the new data of the child, you will have to pay a state fee. She is 650 rubles. A check must be attached to the application in the established form. The application for a change of surname will be issued at the registry office or at the MFC.