Each person has personal data - a name,surname and patronymic. They are assigned at birth, with the issuance of a birth certificate. Usually, a person's personal information changes when they marry / divorce. And that is not always the case. But sometimes you have to change the child's data. Most often it's about the name. For example, if the parents have different surnames or if they have divorced.
What needs to be done to implement the idea ina life? Is it possible to do without the consent of the father when solving the task? What actions will the mother have to take? How can I change my last name without my father's consent? 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.
Can I change the name to the child without my father's consent?The Family Code of the Russian Federation indicates that parents can mutually agree to change personal information about the child. Those wishing to do this will need permission from the guardianship authorities and mutual consent. It is important to take into account the age of the child when deciding whether to change his personal data.
Legislation provides for the following features:
- If the child is not 10 years old, then the parents need to give their consent to the operation. Additionally, support for "guardianship" is required.
- In the case of a child of 10-14 years of age, further consent must be obtained from the minor. If he is against, he will not be able to change his name.
- After obtaining a passport with the support of parentsor guardianship authorities, children themselves can change their data. In the event that the legal representatives are against, it is necessary to uphold the right to change the name in court.
- After 18 years, a person can change his name and surname at his own request.
Is it impossible to translate the idea into reality,if the father does not agree to the operation and we are talking about a minor? Often, different names for the mother and the baby entail a series of troubles. Is it worth it to be afraid?
No. After all, in Russia to change the name to the child without the consent of the father can be without much difficulty. But in this case, the mother must receive a certificate from the guardianship authority or a judicial decision.
It is also important to take into account the specific lifethe situation. Surname is written according to the mother of the baby? Is the child born out of wedlock? The approval of the father for correcting the personal data of the minor is not necessary. It is enough simply to apply to the guardianship and registry office with the appropriate application. But in practice, problems most often occur in children born in wedlock. In particular, with the divorce of parents and entering into new marriages.
Consent of the father is mandatory?
Can I change the name to the child without my father's consent?Yes. And not only for the illegitimate, but also for the minor, born in officially registered relations. You will again need permission to "guardianship."
Is it necessary to have the consent of the father to conductof this procedure? No. In Russia, there are a number of cases in which the opinion of the biological father will not be taken into account. When is this possible?
There are several variants of developmentevents. How to change the name to a child without the consent of the father in Russia before the age of 14? To do this, you will need to have a legitimate reason to translate the idea into reality.
By law, paternal approval for the operation being studied is not required if:
- the pope was deprived of parental rights;
- the opinion regarding the change of the surname can not be clarified (for example, the pope's residence is unknown);
- the person is recognized incompetent;
- the legal representative of the child evades parental responsibilities.
It should also be noted that if the pope does notparticipates in the upbringing of the child, no one will ask his opinion in the area under study. But the situation here is ambiguous. After all, most often after the divorce, the children stay with their mothers. Separate residence is not an argument for changing the name. Nevertheless, the mother of the child can apply to the guardianship authorities for the appropriate permission. As already mentioned, different surnames of the mother and the minor lead to some legal problems. Therefore, permission of the father in this situation is not required.
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 allocate:
- Entering a mother into marriage with another man and changing her surname;
- faith and religion;
- the child's desire to replace the surname, if to him from 10 to 14.
As already mentioned, paternal consent is not required in all these cases. But without fail it is necessary to bring permission from "guardianship".
Where to go
How can I change my last name without my father's consent? This will require contacting the guardianship authority. 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 the data to be changed, then the appeals of the decision go to court and only after that - in the registrar.
Term for consideration
How to change the name to a child without the consent of the father in Russia? A step-by-step instruction will be presented below. First you need to understand how much time this procedure takes.
Consideration of the relevant request by authoritiesguardianship is held throughout the month. At this time, the applicant will receive a response to a request for a change in the name of the child. The same amount usually goes to litigation with an unsatisfactory response.
In the registry office a birth certificate is issuedapproximately 5-10 days after the application of permission from the guardianship authorities. In some cases, the waiting time for the document increases. But this happens very rarely.
The woman says:"I want to change the name to the child without my father's consent!". Then she will have to prepare for this procedure. The first step will be to collect the necessary documents and apply to 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 correct the data;
- certificate of divorce / new marriage (if any);
- certificate of residence;
- proof of residence of a minor with his mother;
- proof of legal grounds for changing the surname.
It would be enough.As a rule, much depends on the accuracy of the application. The more reasoned and logical it will be, the higher the chances of success. To change the surname to a minor child without the consent of the father after the approval of the guardianship authorities will not be difficult!
What is written in the statement
To make an application to the guardianship authorities, it is necessary to comply with all generally accepted rules for conducting business correspondence. The request is made in the same way as any other document.
How can I change my last name without my father's consent? For this purpose, the following information should be indicated in the application addressed to the guardianship and trusteeship agencies:
- data on the mother (name, date of birth, place of residence);
- information about the child;
- requisites of identification documents (children and the applicant);
- new child's surname;
- The grounds for correcting the data of a minor.
It is desirable that the last paragraph has documentary evidence. The more literate the mother comes up with, the higher the chances of success.
From the applicant (most often from the mother) often require:
- documents of adoption;
- court decisions (on alimony, for example);
- bank statements indicating the father's avoidance of alimony obligations;
- executive sheets.
It is recommended to put all the papers together with their copies. It is not necessary to certify photocopies from a notary.
We go to the registrar
So, "guardianship" has given consent.What actions will be required further? How can I change my last name without my father's consent? At 14 years old or earlier - it's not so important. The main thing is that guardianship has already authorized this operation. Now it remains only to receive new documents for the child.
To do this, you need to apply to the registry office at the place of registration of the child. Mom should bring with him to the registering authority:
- application for adjustments to the birth certificate;
- identity card of a minor (if he has already obtained a personal passport);
- birth certificate;
- receipt of payment of state duty;
- consent from tutelage to change the name without the consent of the father.
You may also need:
- Marriage certificate;
- documents of adoption.
It is recommended to bring documents along with copies. The fee for entering new information into 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 certificates. In the case of a child from the age of 14, it will be necessary to apply to the passport office and change the passport. In this situation, the registry office will issue a document indicating the addition of a new name to the birth certificate. Otherwise, the procedure for changing the passport is no different from the usual exchange of the document.
How to change the child's surname and patronymic without the consent of the father? Already it is approximately clear how to act in this or that case. But a step-by-step instruction will help to stick to a specific plan.
It looks like the procedure for changing the surname (or any other personal data of a baby type) as follows:
- Collect documents indicating that there are legitimate reasons for the operation.
- Write an application for changing the name of the minor.
- To apply to the guardianship authorities for registration with a written request. To it it is necessary to put in advance the prepared package of papers.
- Wait for permission from the relevant government body. Obtain written approval from the care for the operation.
- To collect a new package of securities (a full list was presented to the attention above). Report to him permission from tutelage and guardianship.
- Make an application for making adjustments to the documents for the child, addressed to the registry office.
- Pay the state fee for the operation under investigation.
- Apply to the registrar. Attach to it a package of documents and receipts indicating payment of the state duty.
- Pick up in the registry office a child's birth certificate after the specified period, which you will be notified in the institution.
- If necessary, apply to the passport office for registration and change the passport for a teenager.
It's not so difficult as it seems at first glance.Young children can not change their first and last names even with personal desire. But after 14 years they have a similar right. If the parents are against it, then the adolescents can defend their decision in court.
Thinking about how to change the name to a child withoutthe consent of the father in Russia (till 14 years), sometimes people come to court. In practice, in the Russian Federation, most often the guardianship authorities and the court support the mother of a minor (or a parent with whom a minor lives). Thus, the permission of the father in matters related to changing the surname does not play a decisive role.
The main argument for the court is thatdifferent surnames of the mother and the minor, as has been repeatedly stressed, lead to a number of problems. Therefore, often the approval of the biological father in reality is purely formal. The consent of the father to change the name simply makes it easier to carry out the operation studied.
From now on it is clear how to change the name to a child withoutconsent of the father (up to 14 years). This procedure with a certain preparation will not cause much trouble. In practice, the court and guardianship agencies most often advocate that mothers and minors have the same surnames.
As already mentioned, often the fatherapproval is a formality. All the rules apply in the reverse order, provided that children live with their dad all the time. In any case, the proposed step-by-step instruction will help to translate the idea into reality. The main thing to remember is that any decision (even judicial) can be repeatedly challenged in the highest instance. This is normal, although quite rare. Emancipated children themselves are engaged in the issue of data changes.