Sometimes you have to think about whether it is possible to change the name of the child. A similar topic is often of interest to couples who plan to divorce. Or those who want to carry out the adoption procedure. Does the person have the right to change personal data? And if so, how to cope with the task? Below, all the secrets of the mentioned operation will be revealed.
Right to adjust data
Is it possible to change the name of the child without the consent of the parents or the minor? Understanding this is not as easy as it seems.
In general, Russian law allows for the change of a person’s personal data. At the request of a citizen, he can change both his last name and first name. After adulthood, such operations will not cause any problems.
But is it possible to change the name of the child? For example, without the consent of the mother or father of a minor?
Children and adjustments
Based on the foregoing, the ability to adjust a person’s personal data takes place. Moreover, the right presented to attention is offered to both children and adults. The only difference is that the implementation of the task in the second case is much simpler and faster.
Is it possible to change the name of the child? Without adoption or with it - this is not so important. The main thing is that such an opportunity takes place. But it is not always possible to satisfy the corresponding request as soon as possible. Next, we will consider all possible scenarios.
Name change features
To begin with, a few words about how the surname, name or patronymic is corrected for citizens under 18 years of age. What rules will all people have to remember?
In Russia, you can change the name of the child:
- up to 10 years will have to enlist the support of both parents and guardianship authorities;
- from 10 to 14 years - the minor must himself agree to the operation (all the conditions listed above are also observed);
- up to 18 years - if the child has not become fully capable, the procedure requires the consent of the minor and his parents.
And, as we have already said, in the case of adults, everything is much simpler - each person independently, without unnecessary paperwork, turns to the appropriate authorities to implement the task. Therefore, we will not consider such an option.
Is consent required
Is it possible to change the name of a child without a father? And without a mother? A similar topic concerns mainly those who either give birth outside of official relations or are planning a divorce. It’s no secret to anyone that different surnames for a mother with a minor are huge problems. You will have to try to prove that the child is really a specific woman.
Ideally, changing the personal data of a person requires the consent of both parents. But there are exceptions. And that means, without a father or without a mother, it is possible to submit a request of the established form for amending a birth certificate. The main thing is to know how to behave in certain cases.
When no consent is required
Is it possible to change the name of the child if the father protests? Yes, but not always. As we already said, the parent has the right to adjust the personal data of minors without the consent of the spouse (including the former).
This is possible if:
- cannot establish the residence of the second parent;
- deprivation of parental rights of the father occurred;
- the parent was declared legally incompetent;
- a person avoids fulfilling his parental duties without good reason;
- there is an evasion of participation in the upbringing of the baby;
- the child appeared in a civil marriage.
In all these situations, it will be possible to correct the name without any special problems. As a rule, the child will be given the name of the mother. If a woman has already remarried, this will be taken into account. Adoption to assign a new surname is not required.
Adoption and surname
Can a minor child change their last name? Yes, but if the father or mother is against it, it will be problematic to do so. In addition, the guardianship and trusteeship authorities may prohibit the amendment of children's documents.
If the adoption procedure takes place, there are no prohibitions on assigning a new surname (parent) to the child. As a rule, in this case, the guardianship authorities take the side of the adoptive parents.
Are my stepmother and stepfather paired with different surnames? Then the parents decide on their own whose name to assign to the adopted. And after that, further adjustments are made only with the mutual consent of both legal representatives of the minor.
Instructions for use
Is it possible to change the name of the child during a divorce? Yes, but, as practice shows, without the permission of the former spouse to do this is problematic. Especially when it comes to a conscientious citizen who fulfills parental obligations and does not hide from the former family.
How to replace the first or last name of a minor? This will require:
- Generate a specific package of documents.
- Contact the guardianship authorities at the place of registration of the child with a request to change the name.
- Get a response from the appropriate service.
- Submit an application for changing the name to the registration authority.
- Pay the service fee.
- Pick up a finished copy of the document at the appointed time.
It would seem that there is nothing difficult or incomprehensible in this. But in real life, during the preparation for the operation, a number of problems arise. In particular, if both parents are alive with a minor, and someone does not agree with the implementation of the idea.
Where is the certificate issued?
We found out whether it is possible for a minor child to change the name. This is not so difficult if both parents agree.
In any case, citizens should know where the relevant certificate is issued. It is issued in the registry offices at the places of registration. In addition, in some cities, the service under study is provided by multifunctional centers.
There are no more options for the development of events. Birth certificates are issued only at registry offices in the MFC. Neither the court nor the guardianship authorities are endowed with such powers. This is quite normal.
Going to custody
In any case, to implement this task, citizens will have to contact the PLO. Without this step, the registration of new information in the registry office will be denied, and quite legally.
So, to change the name or surname of a minor (suppose, during a divorce), you will need:
- baby's birth certificate;
- parent's passport;
- application for changing personal data;
- divorce certificate.
In addition, if the mother has already married, you will have to take a new marriage certificate with you. These papers will be enough. But in some cases, an additional package of documents may come in handy.
Other papers
Is it possible to change the name of the child to the passport? Yes. And after receiving an identity card? Also. Just a birth certificate will additionally require the application of a teenager's passport.
What documents require guardianship authorities as additional? Among them are:
- written consent from both parents (preferably notarized);
- court decision;
- death certificate of the second parent;
- payment indicating the transfer of funds for the operation;
- documents confirming the fact of adoption.
With proper preparation, it is not difficult to cope with the operation under study. And now it’s clear whether it is possible to change the name of the child.
Visit to the registry office
As soon as the guardianship gives its permission to conduct the operation, citizens can continue their plan.Now there are only a few steps left - to apply to the registry office with a statement and get a birth certificate on hand. Then, if necessary, the child's passport is changed.
The registry office will require the same package of documents as when applying to the PLO. In addition to this, permission from the guardianship authorities will have to be attached. Without it, the operation will be denied.
That's all. To receive the birth certificate of a minor, the parent will have to present their passport.
Application Features
Can a child change his last name after a divorce? The answer in this case will be positive. It is also important to pay attention to writing an application for changing personal data.
The thing is that they just do not perform the operation being studied. The adjustment of personal information should be balanced and deliberate. Therefore, when applying to the "guardianship" and the registry office, the statements indicate the motive of the decision.
If you detail the reasons for changing the name, as well as prove the reasonability of the decision, the guardianship authorities are unlikely to refuse the process. But there is always a chance of rejecting a request. And this is quite normal.
About Fees
Some are wondering how much it costs to replace a family name or first name in a birth certificate. The thing is that the duty changes from time to time.
To date, only 1,000 rubles will have to be paid before a visit to the registry office. If a citizen is issued a new foreign passport, the fee will be 2,500 rubles. For the replacement of "abroad" children under 14 years old are paid 3,300 rubles.
That is, a change of surname in 2017-2018 will cost parents 1,000 rubles. You can pay for the service either in person or through the State Services. It is recommended to deposit funds into the state treasury only after obtaining approval from the guardianship.
After making changes
Can I change the name of a minor child? It is quite important to know how to act correctly.
A birth certificate is issued approximately 14-30 days after the submission of the relevant application. Sometimes registry offices give out new documents faster.
As soon as the child has a new surname (father or mother), you can start replacing all existing children's documents. Start with:
- passports (if any);
- SNILS;
- MHI policy;
- foreign passport.
In addition, the changes will have to notify schools, kindergartens and other institutions in which the child is registered. Students even have to replace student tickets.
That is, after changing the name of the parents, serious paperwork begins. Avoiding her does not work.